1. Terms of website use
2. OTHER APPLICABLE TERMS
3. INFORMATION about us
- Website: the website is owned and operated by Energy Serum Global (Pty) Limited (Registration number. 2022/659269/07): (“Serum”, “we”, “us”, “our”).
- Our contact details: email@example.com, Telegram, Instagram, Twitter.
- Physical address: DKVG, c/o Serum, Springfield Office Park, 109 Jip de Jager Drive, Bellville, Western Cape, 7530 (“Premises”)
4. Changes to these terms
5. changes to our website
- We may update our website from time to time and may change the Content at any time.
- Please note: The Content on our website is provided for general information purposes only and may be out of date at any given time. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete, free from errors or omissions or up-to-date.
6. accessing our website
- Access to our website/portal is made available free of charge.
- Access to (or use of) our Services will be subject to Service specific terms and conditions.
- We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We will not be liable to you if, for any reason, our website is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our website, including, but not limited to, mobile data and the costs associated with it. We do not guarantee that our website, or any portion thereof, will function on any particular hardware or devices. In addition, use of our website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
7. rights granted to you
- We may revoke this right at any time and for any reason.
- Any rights not expressly granted herein are reserved by us.
8. prohibited uses
You may not use our website or Content:
- in any way that breaches any applicable local, national or international law or regulation (including Intellectual Property Laws);
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect (including but not limiting to harassment of third party service providers);
- in any way that encourages any illegal activity, including, but not limited to, promoting or facilitating access to, use of and/or sale of illegal substances, services, information and/or devices;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example: Spam);
- to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, ransomware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software/system or hardware in our website or the Content used by us or any other Users of our website;
- to access, without authority, interfere with, damage or disrupt any part of our website or the equipment or network on which the website is stored; and/or
- in any way to facilitate or assist any third party to do any of the above.
- obscure, alter or remove any copyright, trademark or other proprietary notices from any portion of our website or from the Services available;
- reproduce, copy (direct or in-direct), modify, adapt, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our website (or any part thereof, including Content);
- decompile, reverse engineer or disassemble our website or any of our Services except as may be permitted by applicable law;
- cause or launch any programs or scripts for the purpose of scraping, mirroring, indexing, surveying, or otherwise data mining any portion of our website or unduly burdening or hindering the operation and/or functionality of any aspect of our website;
- frame our website or any part thereof;
- access or use our website or the Content through automated means, including through the use of robots, spiders, or offline readers(other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of our website or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); or
- attempt to gain unauthorised access to or impair any aspect of our website or its related systems of networks.
We don’t allow tokens that may be subject to financial regulation on our website/platform. This includes (but not limited to) creating or selling for example NFTs that give owners rights to any securities offerings or other regulated financial instruments. We do not allow market manipulation as part of our Services such as selling a token to yourself to create a misleading price and will ban users for this practice.
E-mail addresses, names and telephone numbers published on our website may not be incorporated into any database used for commercial purposes or electronic marketing or similar purposes. The presentation of such details is no “opt-in”/ permission from us to utilise same.
9. INTELLECTUAL PROPERTY RIGHTS
- We are the owner and/ or rightful licensee of all intellectual property rights and all intellectual property available (including but not limited to, concepts, know-how, data processing techniques, copyrights, patents, designs (including the website look and feel and lay out and photos), inventions, trademarks, tables and compilations of data which are created, invented and/ or developed, (registered or unregistered) in and on our website and Content.
- You may copy, and may download extracts, of any page(s) from our website for your personal use and to determine whether you wish to acquire the products or services advertised and made available on our website. You may draw the attention of others to content posted on our website or by sharing same via social networks or other means available.
- You must not modify the copies of any materials you have printed off or downloaded from our website in any other way, and you must not use any illustrations (including animations), photographs, video or audio sequences or any graphics separately from any accompanying text or claim that it is yours. Our status as the authors and owners of Content on our website must always be acknowledged.
- Limited Site Content License: Except as provided in par 7 above, we grant you the limited, revocable, non-transferable, non-exclusive right to use the website and the associated Serum Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site under the condition that (i) such activity is solely for your personal, education or other non-commercial use or use of our Services (subject to the Services Terms and Conditions), (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format.
- Your Content
- As part of our service, you have the opportunity to provide content (for example, content associated with certain of our Services and textual comments). We reserve the right to remove your content at our discretion, without notice and without liability. Your Content shall no breach section 8 above.
- Before providing content, ensure that you own and control all of the intellectual property rights to your content (or that you have the necessary license rights to the content) and that your content is lawful.
- When you provide content (for example, NFTs, text, or images), you retain your intellectual property rights in your content and you provide us with a license to your content.
- When you purchase a Token or NFT using our Service, you should not assume that you own any copyright or license to the content associated with the Token or NFT. We recommend that you read the Service specific Terms and Conditions to understand your rights to said token and/or NFT.
- By using our service you grant us a worldwide, non-exclusive, royalty-free, sublicensable, perpetual, and transferable license to host, publish, display, perform, reproduce, copy, distribute, communicate, modify, reformat, translate, or otherwise use your content to operate, improve, develop, and promote our service.
- in or related to our website except for the limited license granted under clause 7 above; or
- to use or reference in any manner our business names, service names, product names, logos, trademarks, designs or services marks or those of our licensors (registered or unregistered)
- We reserve the right to make improvements or changes to the Intellectual Property on our Site or Services or site Content.
- Any enquiries regarding any of the above relating to intellectual property must be directed to us at firstname.lastname@example.org.
10. Limitation of our liability
- We provide our website to you on an “as-is” and on an “as-available” basis. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. In addition, we make no representation, guarantee or warranty regarding merchantability, fitness for a particular purpose, the timelines, quality, reliability, suitability, or availability of our website or any of our Services through the use of our website, or that the use of our website will be uninterrupted or error-free. You agree that it is within your sole discretion to use our website and that the entire risk arising out of your use of our website remains solely with you, to the maximum extent permitted under any applicable law and that you will indemnify us against any claim, demand, damage, costs, loss or lability (incl. Reasonable attorney’s fees) related to your use of our site.
- We, our owners, directors (where applicable), employees and agents shall not be liable for direct, indirect, incidental, special, or consequential damages of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our or any third party products or services.
- Foreign law may be applicable to your use of the Services and/or our website and as such, you warrant that you are at all times acting in accordance with the same foreign law, and indemnify us from any liability it may acquire by virtue of its supply of the website and/or Services.
- We will not be liable to you for any default or delay in the performance of our Services to you if and to the extent that such default or delay is caused by any act of god, war or civil disturbance, labour unrest, court order, pandemic or any other circumstance beyond its reasonable control including fluctuations in communications or utility services ("force majeure") and provided we are obviously without fault in causing such default or delay, and such default or delay could not have been prevented by the us through the use of alternative sources, workaround plans or other means.
- Different limitations and exclusions of liability may apply to liability arising as a result of the supply of Services by us to you, which will be set out in our Terms of Service.
- This clause will survive the termination of this agreement.
11. representations and warrant
Where users are allowed to post reviews with reference to our Services, then take note that said reviews or opinions of the users are those of the authors and not us. While we make every reasonable effort to present such content accurately and reliably on the website, we do not endorse, approve or certify such content, nor guarantee the accuracy or completeness of such information on the website or from another user.
- Although we are not obliged to provide security on our website, we feel it is important that your information, or any communication between us, is dealt with in the most secure manner reasonably possible. We take reasonable security measures to ensure the safety and integrity of our website and to exclude viruses, unlawful monitoring and/or access to our website. However, because of the nature of the Internet, we cannot guarantee that your communications with us via our website are completely secure at all times.
- To provide adequate security to all our Users, and to monitor prohibited activities under applicable law, you hereby agree to our right to intercept, monitor, block, read, delete or access all data sent to the website or any of our other communication facilities, for example, email, instant messaging or fax-to-email applications.
- It is our policy to virus check documents and files before they are uploaded to our website. However, we cannot guarantee that documents or files downloaded from our website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any such virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you agree not to upload or provide, via our website, any document or file that may contain a virus. You are required to virus check any document or file which you intend to upload or provide to our website.
13. linking to our website
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, or provide a link to our website in any website that is not owned by you.
- We reserve the right to withdraw linking permission without notice to you.
14. content and links in our website
- Social networks: You agree that when accessing, using and/ or posting or uploading any content or materials of any kind to our social network pages (including but not limited to Twitter, Instagram, Telegram or any other facility (e.g. YouTube) made available by us from time to time), You will”-
- not use the social network page of communication facility in any improper or unlawful manner or in breach of any legislation or licence that applies to You;
- not harass others or disclose personal information about others that could amount to harassment;
- not submit, publish, post, upload, store, distribute or disseminate any defamatory, infringing, offensive, obscene, indecent, harmful, confidential, hateful, threatening or otherwise illegal or objectionable material or information;
- not submit, post or upload files that contain software or other material the intellectual property rights in which are owned by any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents;
- not upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the social network page or any other computer;
- not impersonate any person or entity, or falsely state or otherwise misrepresent yourself in any way;
- not promote any activity that is illegal;
- not use software to harvest information from the social media network page;
- not submit any material which is prohibited by any applicable data protection or privacy legislation;
- only upload or submit material to the social network page which either You own or which You have the permission of the owner of that material to submit;
- Social media is not a medium for conflict resolution or lodging complaints. Complaints should be sent directly to us by sending an email to email@example.com.
15. advertising and sponsorship
- Our website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in our website complies with all applicable laws and regulations
- We, our member, employees, suppliers, partners, affiliates and agents (as the case may be) accordingly excludes, to the maximum extent permitted by law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material
16. breach, suspensions, and termination
- All costs, charges and expenses of whatsoever nature which may be incurred by us in enforcing our rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
- No relaxation or indulgence, by either one of us to the other, shall constitute a waiver of the rights of that person and shall not preclude that person from exercising any rights which may have arisen in the past or which may arise in future.
17. change of ownership
18. applicable law and jurisdiction
- If you see Content on our website that you believe violates your intellectual property rights, you agree to submit a notice of claimed intellectual property infringement to firstname.lastname@example.org. We will respond to a properly submitted notification of claimed infringement in accordance with applicable procedures as per the Applicable Law. Note that repeat infringers (users of the website or any of our Services) may be prohibited from engaging with our website or in terms of any Service, may be dealt with as a breach of said Services Terms and Conditions.
19. Electronic communication and contact
- Any Data Messages sent by us to you, shall be deemed to have been sent from the Premises.
- A Data Message is deemed to be sent:
- By us, at the time shown on such message, or if not so shown, at the time shown on our information system; and
- By you, at the time when we confirm receipt thereof.
- A Data Message is deemed to be received:
- By us, only when an authorised representative responds thereto (excluding an automated response). Such acknowledgement does not give legal effect to that message, unless specifically indicated by us that it does; and
- By you, once it enters your information system.
- Attribution of Data Messages - You agree and warrant that any Data Message sent, from any computer or device that is owned by you or programmed by you, to us was sent by you.
20. contact us
- Website functionality or any other recommendations: Send us an email at email@example.com.
- Questions or queries about Services, products and related services: firstname.lastname@example.org or you could use any of our social media platforms or our Discord group.Complaints (related to our website or Services): We kindly request that you contact us first should you have any complaints or any other Service related issues. It is important to us that you are satisfied with our Services. You may use the following email address: email@example.com Please ask for a reference number if you speak to any of our representatives/ consultants. We will of course reply to your complaint as soon as practically possible, but wish to note that we stand under no legal obligation to resolve such a complaint.
- Legal Documentation or Notices:
- Physical address: our Premises (clause 3 above);
- Email: firstname.lastname@example.org (subject: “LEGAL”);
- Marked for the attention of: [Managing Director (Legal)].
- If we are required to send you any legal documents or notices you agree that we can send it via electronic mail to your email address, or by written communication by way of registered post to your address or if delivery to the aforesaid addresses is not successful, then such contact details we may find about you on the Internet or that you have supplied to us.
- Any notice to you, or us, which is:
- sent by prepaid registered post in a correctly addressed envelope to the address specified for it under clause 3 above shall be deemed to have been received, unless the contrary is proven, within 10 (ten) days from the date on which it was posted;
- delivered by hand, shall be deemed to have been received on the day of delivery, provided that it has been delivered to a responsible person during ordinary business hours; or
- sent by a data message to the addressee shall be deemed to be received as per paragraph 18.3 above.
- Notwithstanding anything to the contrary herein, a written notice actually received by you or us, including a notice sent by telefax, shall be an adequate notice to it notwithstanding that it was not sent or delivered to the chosen address.
- Content means any information, content, images, video, audio, data, works of authorship, software and technology which may be displayed on, incorporated into, underlying, or used to operate our website;
- Intellectual property means all copyright works, patents, designs, Content, SerumData, inventions, trade marks, trade names. Logos, service marks, tables and compilations of data, know-how, confidential information, (including but not limited to concepts, data processing techniques and workflows), registered or unregistered, which are available on our website and Services and created, invented and/ or developed during the execution of Services.
- Products and Services means the products and services as reflected on our website and promoted via other sites of ours;
- Services means our services as reflected on our website and/or promoted via other sites of ours, including the underlying software;
- Users mean users of our website (including you!).