Terms and Conditions

TERMS AND CONDITIONS 

1. INTERPRETATION AND DEFINITIONS
   • Interpretation
     • The words of which the initial letter is capitalized have meanings defined under the following conditions.
     • The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
   • Definitions
     • “Account” means a unique account created for You to access Our Services or parts thereof.
     • “Affiliate” means any entity that controls, is controlled by, or is under common control with the Company.
     • “Company” (referred to as either “the Company”, “We”, “Us” or “Our”) refers to Endecon Ubuntu (Pty) Ltd, 9 Ehmke Str, Sonheuwel, Nelspruit, Mpumalanga, South Africa, 1200.
     • “Content” refers to any text, images, data, video, audio, or other information posted or submitted by You or other users on or through the Service.
     • “Country” refers to the Republic of South Africa.
     • “Device” means any device that can access the Service such as a computer, smartphone, or tablet.
     • “Feedback” means any suggestions, innovations, or comments provided by You regarding the Service.
     • “Service” refers to the Website, including its associated online features and any content or tools offered by the Company.
     • “Terms and Conditions” (also referred to as “Terms”) means these terms that form the entire agreement between You and the Company.
     • “Third-party Social Media Service” refers to any external platform (e.g. Facebook, Google) through which users may access or interact with the Service.
     • “Website” refers to Endecon Ubuntu, accessible from https://www.endeconubuntu.co.za/.
     • “You” means the natural or juristic person accessing or using the Service, including where such use is on behalf of another entity.

 

2. ACKNOWLEDGEMENT
   • These are the Terms and Conditions governing the use of Our Website and/or related Services, and they constitute the agreement that operates between You and the Company.
   • These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
   • Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions.
   • These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
   • By accessing or using the Service, You agree to be bound by these Terms and Conditions.
   • If You disagree with any part of these Terms and Conditions, then You may not access or use the Service.

 

3. USER CONTENT AND RESPONSIBILITIES
   • Your Right to Post Content
     • Our Service may allow You to post, upload, submit or share content (“Content”). You are solely responsible for any Content You post, including its legality, reliability, accuracy, and appropriateness.
     • By submitting Content to the Service, You grant the Company a non-exclusive, worldwide, royalty-free, sub-licensable and transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the operation of the Service.
     • You retain all intellectual property rights in any Content You post, subject to the rights granted above. You acknowledge that We may make Your Content available to other users of the Service, subject to these Terms.
     • You represent and warrant that:
       • You own or have all necessary licences, rights, consents and permissions to use and to authorise the Company to use such Content; and
       • Your Content does not infringe any third-party rights, including but not limited to privacy, publicity, intellectual property or contractual rights.
     • Content Restrictions
       • The Company is not responsible for Content submitted by You or other users. You agree that You are solely liable for all Content and activity occurring under Your account, whether by You or any third party using Your account.
       • You may not post, upload, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, infringing, invasive of privacy, discriminatory or otherwise objectionable. Without limiting the generality of the foregoing, prohibited Content includes (but is not limited to):
         • Content that promotes or incites illegal activity or violence;
         • Hate speech or discriminatory content based on race, gender, religion, nationality, disability, sexual orientation or any similar characteristic;
         • Spam or unsolicited promotions, advertising, or chain letters;
         • Malware, spyware, viruses, or any harmful code;
         • Misleading or false information;
         • Content that infringes intellectual property rights of any third party.
       • The Company reserves the right, but is not obligated, to:
         • Review or remove any Content that it deems, in its sole discretion, to be in violation of these Terms or applicable law; and
         • Suspend or terminate access to the Service if You post prohibited Content.
       • You understand that by using the Service, You may be exposed to Content that may be offensive or objectionable. You agree that the Company is not liable for any loss or damage arising from such Content.

• Content Backups
  • Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
  • Backup errors or data corruption may occur for various reasons, including but not limited to Content being corrupted prior to backup or changes made during the backup process.
  • The Company may, at its discretion, provide reasonable support to investigate or attempt to restore affected Content. However, You acknowledge that the Company accepts no liability for the integrity of Content or any failure to restore such Content to a usable or original state.
  • You are solely responsible for maintaining a complete and accurate backup of all Content stored, submitted, or shared via the Service, independently of the Company’s systems.

 

4. COPYRIGHT POLICY
   • Intellectual Property Infringement
     • We respect the intellectual property rights of others. It is Our policy to respond to notices of alleged copyright or other intellectual property infringement in accordance with applicable laws, including the South African Copyright Act, 1978.
     • If You are the owner (or authorised representative) of a copyrighted work and believe that Your rights have been infringed through Content made available on the Service, please notify us in writing using the contact details set out under the Contact Us section below.
     • Your written notice must include the following:
       • A detailed description of the allegedly infringing work and the basis of Your claim;
       • Sufficient information to locate the infringing Content (e.g., URL or screenshot);
       • Your contact information (name, address, phone number, and email address); and
       • A signed statement confirming that the above information is accurate and that You are the copyright owner or are authorised to act on their behalf.
     • You may be held liable for damages (including legal costs and attorneys’ fees) if You misrepresent that Content on the Service is infringing Your copyright.
     • Upon receipt of a notice, the Company will take whatever action, in its sole discretion, it deems appropriate, to assess the validity of the notice, and to take corrective measures if needed.

 

5. INTELLECTUAL PROPERTY
   • Except for Content submitted by You or other users, all content, features, functionality, design elements, and intellectual property displayed on or made available through the Service (including but not limited to text, graphics, logos, icons, software, and trademarks) are the exclusive property of the Company or its licensors.
   • The Service and its contents are protected by South African and international laws, including but not limited to the Copyright Act, 1978, the Trade Marks Act, 1993, and other applicable intellectual property laws and treaties.
   • You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any part of the Service or its content in any form or by any means, without the prior written consent of the Company or the lawful owner of such intellectual property.
   • The trademarks, service marks, trade names, and trade dress of the Company may not be used in connection with any product or service without the prior written consent of the Company.

 

6. YOUR FEEDBACK TO US
   • By submitting any ideas, suggestions, proposals, comments, or other feedback regarding the Service (“Feedback”), You acknowledge and agree that:
     • The Feedback does not contain confidential or proprietary information;
     • The Company is not under any obligation of confidentiality, whether express or implied, with respect to the Feedback;
     • You grant (or, where applicable, agree to assign) to the Company a non-exclusive, irrevocable, perpetual, royalty-free, worldwide licence to use, reproduce, adapt, publish, translate, distribute, modify, commercialise, and otherwise exploit such Feedback in any manner and for any purpose, without restriction or compensation to You; and
     • You waive any rights that may attach to such Feedback under applicable law, to the fullest extent permitted.
   • The Company will be entitled to use such Feedback without limitation for commercial or non-commercial purposes.

 

7. LINKS TO OTHER WEBSITES
   • Our Service may include links to third-party websites or services that are not owned, managed, or controlled by the Company
   • The Company does not endorse, monitor, or assume any responsibility for the content, terms of use, privacy practices, cookies policies, or operations of such third-party websites or services. Access to these third-party sites is entirely at Your own risk.
   • You acknowledge and agree that the Company will not be liable, directly or indirectly, for any loss or damage (including data loss, security breaches, or financial harm) arising from Your use of or reliance on any content, goods, or services made available on or through any such third-party websites or services
   • We strongly recommend that You carefully review the applicable terms and conditions, privacy policies, and any legal notices of any third-party websites You choose to visit before engaging with them.

 

8. TERMINATION
   • The Company reserves the right to suspend or terminate Your access to the Service or Your Account immediately and without prior notice if:
     • You breach any provision of these Terms and Conditions, the Privacy Policy, or any other policy referenced herein;
     • The Company is required to do so by law or a regulatory authority; or
     • Continued access would pose a risk to the integrity, security, or lawful operation of the Service or the rights of other users.
   • Upon termination:
     • Your right to use the Service will cease immediately;
     • The Company may, but is not obligated to, delete or disable access to any information or content associated with Your Account; and
     • Any provisions of these Terms which by their nature should survive termination (including indemnities, limitation of liability, and intellectual property rights) shall continue to apply.
   • If You wish to terminate Your Account, You may do so at any time by ceasing use of the Service or by contacting the Company via the details provided under the “Contact Us” section.

 

9. LIMITATION OF LIABILITY
   • To the maximum extent permitted by the laws of the Republic of South Africa, the Company, its affiliates, directors, officers, employees, agents, suppliers, or licensors shall not be liable to You or any third party for any loss, damage, liability, claim, cost, or expense of any nature whatsoever, whether direct, indirect, special, incidental, punitive, or consequential, arising from or in connection with:
     • Your access to, use of, or inability to access or use the Service;
     • any unauthorised access to, or alteration, corruption or loss of Your transmissions or data;
     • any interruption, suspension or termination of the Service;
     • reliance on any information, content, or materials provided through the Service; or
     • any other matter related to the Service,

regardless of the cause of action and even if the Company has been advised of the possibility of such damages.

• The Company disclaims all liability for any loss or damage resulting from errors, inaccuracies, or omissions in the Service, including technical issues, third-party integrations, or security breaches, except where such liability cannot be excluded under applicable law.
• Nothing in these Terms shall exclude or limit the Company’s liability where such exclusion or limitation is not permitted by applicable law. This includes (where applicable) liability for:
  • death or personal injury caused by the gross negligence of the Company;
  • fraudulent misrepresentation; or
  • any other liability that cannot be excluded under the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002.

 

10. “AS IS” AND “AS AVAILABLE” DISCLAIMER
    • The Service is provided “as is” and “as available”, without any warranties of any kind, whether express or implied. To the fullest extent permitted under the laws of the Republic of South Africa, the Company, its affiliates, directors, employees, agents, licensors, and service providers make no warranties, representations, or guarantees, whether express or implied, including but not limited to:
      • fitness for a particular purpose,
      • merchantability,
      • accuracy, reliability, or completeness of information,
      • uninterrupted or error-free use of the Service,
      • or that the Service will be secure or free of viruses or other harmful components.
    • The Company does not warrant that the Service will function without disruptions or errors, or that any defects will be corrected. You use the Service at Your own discretion and risk.
    • While we take reasonable steps to ensure the accuracy and availability of the Service, we make no representation or guarantee regarding its uptime, suitability, compatibility with Your devices or systems, or the accuracy of its content.
    • Nothing in this clause limits or excludes any warranties or statutory rights that may not lawfully be excluded under the Consumer Protection Act, 2008 or any other applicable law. Where such exclusions are not permitted, the Company’s liability will be limited to the maximum extent permissible under such law.

 

11. GOVERNING LAW
    • This Website, its policies (including this Privacy Policy, Cookies Policy, and Website Disclaimer), and any use of the Service shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, irrespective of the location of the user or any conflict of law principles.

 

12. DISPUTES RESOLUTION
    • In the event of any dispute, You agree to first attempt to resolve the matter amicably and informally by contacting the Company using the contact details provided on the Website.
    • Should the dispute remain unresolved after 14 (fourteen) days, either party may pursue legal action in a court of competent jurisdiction in South Africa, subject to applicable laws.

 

13. INTERNATIONAL USERS
    • The Service is controlled and operated from the Republic of South Africa. The Company makes no representation that the content or services are appropriate or available for use in other locations. Accessing the Service from territories or countries where its content or functionality is unlawful is strictly prohibited.
    • If You choose to access the Service from outside South Africa, You do so at Your own risk and are responsible for compliance with local laws to the extent applicable. However, South African law will govern all terms and policies regardless of such location.

 

14. SEVERABILITY AND WAIVER
    • Severability
      • If any provision of these Terms is held to be unlawful, invalid, or unenforceable under applicable law, such provision shall be severed from the remaining provisions and modified, where possible, to give effect to the intent of the original provision to the fullest extent permitted by law. The remainder of the Terms will remain valid, binding, and enforceable
    • Waiver
      • No failure or delay by either party in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

 

• Any waiver of any provision or right under these Terms shall be effective only if made in writing and signed by the party granting the waiver.

 

15. CHANGES TO THESE TERMS AND CONDITIONS
    • The Company reserves the right, in its sole discretion, to amend or update these Terms and Conditions at any time. Where required by law or where changes are material, We will provide reasonable notice—such as by posting an updated version on Our website and indicating the effective date of the changes.
    • What constitutes a material change will be determined in the Company’s sole discretion, but may include significant changes to Your rights or obligations.
    • By continuing to access or use the Service after the updated Terms become effective, You agree to be bound by the revised Terms. If You do not agree to the updated Terms, in whole or in part, You must discontinue use of the Service.

 

16. CONTACT US
    • If You have any questions about these Terms and Conditions, You can contact us by email: ubuntu@endecon.co.za

Document Change History

Revision	Date	Changes	Approval
0	01.09.2025	New Document	Yes