EGL Africa (“EGL”) operates an information technology company for the retail, wholesale and production of ICT hardware as well as software products & services. These general terms and conditions shall apply to buyers and shall govern the transactions on the website and physical branches. Hence, by using the EGL website, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our website. Nevertheless, if you use our website in the course of a business or other project, then by so doing you:
- A) Confirm that you have obtained the necessary authority to agree to these general terms and conditions;
- B) Bind both yourself and the person, company or other legal entity to these general terms and conditions; and
- C) Agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
2. Terms and conditions of sale
I. You acknowledge and agree that:
- The website provides an online location for buyers to purchase products;
- A contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly, you commit to buying the relevant product or products, upon the buyer’s confirmation of the purchase via the website.
- That all products listed on our website are rigorously tested against all possible hardware problems and customers are given 100% working devices that are in good working condition.
- Only devices that proved to be 100% efficient are offered for sale. Thus, any device purchased with software defect shall be quickly reported to our customer care, who will facilitate the return of such device within 14 days of guarantee.
- Customers are allowed to test their device in presence of our customer representative before leaving our office. However, where the device is collected without testing, the customers have two (2) weeks within which to test their device efficiency and report software defects, if any.
II. Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
- The price for a product will be as stated in the relevant product listing;
- The price for the product must include all taxes and comply with applicable laws in force from time to time;
- Delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer in instances where applicable;
- Products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and
- The seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings
3. Returns and refunds
- All items bought from us have a limited guarantee for fourteen (14) days. Thus a device with either defective software, defective hardware or operational condition must be returned within the stipulated timeframe of limited guarantee. Any defect manifested outside the limited timeframe is not EGL’s responsibility.
- It is EGL policy that refunds of money are not allowed in respect of returned products. As such defective products shall only be returned and changed with another device.
- In case of returns related to hardwire problems, EGL offers an easy fix solution to the problem or outright replacement for the defective device. Thus, customers have the right to select which option they prefer.
Before receiving a device, the customer must make payments due under these general terms and conditions following the Payments Information and Guidelines on the website.
5. Our rights to use your details
- You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your detail across our marketing channels and any existing or future media.
- You grant us the right to sub-license the rights licensed under section 5.1
- You grant us the right to bring an action for infringement of the rights licensed under section 5.1.
- You hereby waive all your moral rights in your detail to the maximum extent permitted by applicable law; you warrant and represent that all other moral rights in your detail have been waived to the maximum extent permitted by applicable law
- Without prejudice to our other rights under these general terms and conditions, if you breach our rules on detail in any way, or if we reasonably suspect that you have breached our rules on detail, we may delete, unpublished or edit any or all of your detail.
6. Use of the website and mobile applications
I. Customer may:
- View pages from our website in a web browser;
- Download pages from our website for caching in a web browser;
- Print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive and that it does not alter or misrepresent any detail or image of us;
- Stream audio and video files from our website using the media player on our website; and
- Use our website services through a web browser, subject to the other provisions of these general terms and conditions.
II. Except as expressly permitted by these general terms and conditions, the person is not allowed to download any material from the EGL website or save any such material to his/her computer
III. The person is only to use the EGL website for his/her personal and business purposes in respect of purchasing products on the website
IV. Except as expressly permitted by these general terms and conditions, the Person must not edit or otherwise modify any material on the EGL website.
V. Unless a person owns or controls the relevant rights in the material, you must not:
- Republish material from our website (including republication on another website);
- Sell, rent or sub-license material from our website;
- Show any material from our website in public;
- Exploit material from our website for a commercial purpose; or
- Redistribute material from our website.
VI. Notwithstanding, the person may forward links to products on the EGL website and redistribute our newsletter and promotional materials in print and electronic form to any person.
VII. EGL reserve the right to suspend or restrict access to our website, to areas of our website and/or to the functionality of our website. We may, for example, suspend access to the website during server maintenance or when we update the website. A person must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
VIII. The person must not:
- Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
- Use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- Hack or otherwise tamper with our website;
- Probe, scan or test the vulnerability of our website without our permission;
- Circumvent any authentication or security systems or processes on or relating to our website;
- Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- Impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
- Decrypt or decipher any communications sent by or to our website without our permission;
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or concerning our website without our express written consent;
- Access or otherwise interact with our website using any robot, spider or other automated means, except for search engine indexing;
- Use our website except utilising our public interfaces;
- Violate the directives set out in the robots.txt file for our website;
- Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
- Do anything that interferes with the normal use of our website.
7. Copyright and trademarks
I. Subject to the express provisions of these general terms and conditions:
- We, together with our licensors, own and control all the copyright and other intellectual property rights on our website and the material on our website; and
- All the copyright and other intellectual property rights on our website and the material on our website are reserved.
II. EGL’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we do not permit the use of these trademarks, and such use may constitute an infringement of our rights.
III. The third-party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights as such we cannot grant any license to exercise such rights
8. Data Privacy
- Buyers agree to the processing of their data following the terms of EGL’s Privacy and Cookie Notice
9. Due diligence and audit rights
I. We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the website.
II.You agree to provide to us all such information, documentation and access to your business premises as we may require:
- To verify your adherence to, and performance of, your obligations under this Agreement;
- For disclosures under a valid order by a court or other governmental body; or as otherwise required by law or applicable regulation
10. EGL’s role as a website
We reserve the right to discontinue or alter any or all of our website services and to stop publishing our website, at any time in our sole discretion without notice or explanation.
11. Limitations and exclusions of liability
I. Nothing in these general terms and conditions will:
- Limit any liabilities in any way that is not permitted under applicable law; or
- Exclude any liabilities or statutory rights that may not be excluded under applicable law.
II. The limitations and exclusions of liability are set out in these general terms and conditions:
- Govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions
III. Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract.
IV. Notwithstanding the above, we will not be liable to you for any loss or damage of any nature, including in respect of:
- Any losses occasioned by any interruption or dysfunction to the website;
- Any losses arising out of any event or events beyond our reasonable control;
- Any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
- Any loss or corruption of any data, database or software; or
- Any special, indirect or consequential loss or damage.
V. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
VI. Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their details, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
1. You hereby indemnify us and undertake to keep us indemnified, against:
- All losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these general terms and conditions or the EGL codes, policies or guidelines; and
- Any VAT liability or other tax liability that we may incur concerning any sale, supply or purchase made through our website, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
13. Breaches of these general terms and conditions
I. In cases where a person opened an account with our website, the account will remain open indefinitely, subject to these general terms and conditions.
II. If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any EGL codes, policies or guidelines in any way we may:
- Temporarily suspend your access to our website;
- Permanently prohibit you from accessing our website;
- Block computers using your IP address from accessing our website;
- Contact any or all of your internet service providers and request that they block your access to our website;
- Suspend or delete your account on our website; and/or
- Commence legal action against you, whether for breach of contract or otherwise.
III. Where we suspend, prohibit or block your access to our website or a part of our website you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14. Entire Agreement
These general terms and conditions and the EGL codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us about your use of our website and shall supersede all previous agreements between you and us concerning your use of our website
- We may revise these general terms and conditions and the EGL codes, policies and guidelines from time to time.
- The revised general terms and conditions shall apply from the date of publication on the website.
- If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
- You may not without our prior written consent assign, transfer, sub-contract or otherwise, deal with any of your rights and/or obligations under these general terms and conditions.
18. Third party rights
- A contract under these general terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party
- The exercise of the parties rights under a contract under these general terms and conditions is not subject to the consent of any third party
19. Law and jurisdiction
- These general terms and conditions shall be governed by and construed under the laws of the territory.
- Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory