Terms and Conditions

  • This document sets out the terms and conditions (“Terms and Conditions”) of ENGAGE GLOBAL SOLUTIONS (2021/149347/07) 209 CLOCK TOWER BUILDING, DOCK ROAD VICTORIA AND ALFRED, WATERFRONT, CAPE TOWN pertaining to the access and use of the information and functions on https://www.EngagePlatform.co.za or (“EngagePlatform.co.za”).
  • Should any person that accesses EngagePlatform.co.za (“you” or “user” or “customer” or “client”) disagree with any of the Terms and Conditions, you must refrain from using EngagePlatform.co.za.

If you are under the age of 18 you may not make use of EngagePlatform.co.za.

NOTE: To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“Consumer Protection Act”), no provision of the Terms and Conditions is intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.

  • EngagePlatform.co.za reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms and Conditions. Such amendments shall supersede and replace any previous Terms and Conditions and shall be made available on EngagePlatform.co.za. Each time a user accesses EngagePlatform.co.za and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms and Conditions, as amended and/or replaced by EngagePlatform.co.za from time to time. If you are not satisfied with the amended Terms and Conditions, you should refrain from using EngagePlatform.co.za. We will however give you prior notice where we have collected personal information from you and the purpose for which we collected that information, is affected by the intended amendment.
  • If there is anything in these Terms and Conditions that you do not understand then please contact us as soon as possible. Refer to clause below for contact details. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
  • Making use of EngagePlatform.co.za will constitute your agreement to comply with these Terms and Conditions.

Content of EngagePlatform.co.za

  • EngagePlatform.co.za reserves the right to make improvements, to change or discontinue, without notice, any aspect or feature of EngagePlatform.co.za and any information or content on EngagePlatform.co.za.
  • EngagePlatform.co.za reserves the right to change the Offerings from time to time without notice.
  • EngagePlatform.co.za may use the services of third parties to provide information on EngagePlatform.co.za. EngagePlatform.co.za has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that EngagePlatform.co.za and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise.
  • EngagePlatform.co.za makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on EngagePlatform.co.za, including without limitation:
  • EngagePlatform.co.za does not warrant that EngagePlatform.co.za or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. EngagePlatform.co.za expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; whilst EngagePlatform.co.za has taken reasonable measures to ensure the integrity of EngagePlatform.co.za and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
  • EngagePlatform.co.za disclaims any responsibility for the verification of any claims. Information published on EngagePlatform.co.za may be done so in the format in which EngagePlatform.co.za receives it and statements from external parties are accepted as fact.

Your Account

  • When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.
  • We may limit your access to our Services until we’re able to verify your account information, like your email address.
  • When you create a EngagePlatform.co.za account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer.
  • You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
  • Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

Fees, Payment, and Renewal

  • By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees (AKA subscriptions), your subscription begins on your purchase date, and we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
  • Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.
  • Payment. You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can’t charge your primary payment method.
  • Automatic Renewal. By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it’ll automatically renew and we’ll charge your payment method(s). You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
  • You can view your renewal date(s), cancel, or manage subscriptions in your settings (for example, Manage Purchases page or your My Subscriptions page) or by contacting the support team.
  • Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
  • Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
  • We also have a “no-show policy” for some Paid Services that require your participation. This means that if you don’t show up for, don’t participate in, or are late for a scheduled session, you’ll still be charged for the Paid Service and won’t be entitled to a refund.
  • European Users: You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of a customized nature, the service has not been fully performed, or subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you and as a result you waive any right of withdrawal to such content.
  • If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If you have requested that we begin our services during the withdrawal period, you will pay us a reasonable amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided for in the contract. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them available to third parties.
  • You may exercise your right to withdrawal by sending a clear, written request to: [email protected]

Fees Collected by 3rd Party Website Owners

  • Fees Paid to 3rd Party Websites or Website Owners. Website owners can sell items (goods, content, services, etc.), offer subscriptions for their websites at specific price points and intervals, or simply collect payments. We’re not involved in a website’s subscription details or store operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased).
  • EngagePlatform.co.za works with thousands of independent business operations in the supply of services to our clients however does not own or manage independent webmasters or client websites.
  • If you buy items or subscriptions from a 3rd party website, you’re making the purchase directly from the website owner, and they’re solely responsible for the items sold.
  • Please contact the website owner if you have any questions or complaints.
  • Automatic Renewal. Any recurring payments you make to a 3rd party website owner (like a website subscription) may be automatically renewed under their terms and conditions.
  • This means that unless you or the website owner cancels your website subscription before the end of the subscription period, it’ll automatically renew and your payment method will be charged. For example, if you select an annually renewing website subscription, you’ll be automatically charged once each year until the subscription is canceled. You can view the renewal dates or cancel your website subscriptions on your Other Site Payments page.
  • Refunds. We’re not responsible for refunding fees paid to a website owner because those transactions are between website owners and their users and governed under sepereate terms and conditions. If you’d like to request a refund, please contact the website owner. If you have a complaint regarding a website owner associated with Engage, you can feel free to contact us.

Linked third party websites and third-party content

  • By participating in the Offering Participants are required to view third-party advertising banners. These third-party advertising banners are added extra concierge-style services offered by EngagePlatform.co.za and Participants are under no obligation to make use of or subscribe for these services.
  • Unless specifically authorised by EngagePlatform.co.za, you may not connect deep links to the Website, i.e., create links to this Website that bypass the home page or other parts of the Website. You may not mirror or frame the home page or any other pages of this Website on any other website or web page without EngagePlatform.co.za’s authorisation.
  • EngagePlatform.co.za may provide links to third party websites on EngagePlatform.co.za. These links are provided to the user for convenience purposes only and EngagePlatform.co.za does not endorse, nor does the inclusion of any link imply EngagePlatform.co.za’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.
  • While EngagePlatform.co.za tries to provide links only to reputable websites or online partners, EngagePlatform.co.za cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of EngagePlatform.co.za. EngagePlatform.co.za is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
  • You agree that EngagePlatform.co.za shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on EngagePlatform.co.za. Any dealings that you may have with any linked websites, including advertisers, found on EngagePlatform.co.za, are solely between you and the third-party website.

Usage restrictions

  • The user hereby agrees that it shall not itself, nor through a third party:
  • copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of EngagePlatform.co.za for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms and Conditions;
  • decompile, disassemble or reverse engineer any portion of the EngagePlatform.co.za;
  • write and/or develop any derivative of EngagePlatform.co.za or any other software program based on EngagePlatform.co.za;
  • modify or enhance EngagePlatform.co.za. In the event of a user effecting any modifications or enhancements to EngagePlatform.co.za in breach of this clause, such modifications and enhancements shall be the property of EngagePlatform.co.za;
  • without Service Provider’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to EngagePlatform.co.za by persons other than the user;
  • remove any identification, trademark, copyright or other notices from EngagePlatform.co.za;
  • post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through EngagePlatform.co.za, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
  • notwithstanding anything contained to the contrary in these Terms and Conditions, use EngagePlatform.co.za for any purpose other than personal, non-commercial and information purposes.

Security

  • In order to ensure the security and reliable operation of the services to all EngagePlatform.co.za’s users, EngagePlatform.co.za hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
  • You may not utilise EngagePlatform.co.za in any manner which may compromise the security EngagePlatform.co.za’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to EngagePlatform.co.za, or delivering or attempting to deliver any unauthorised, damaging or malicious code to EngagePlatform.co.za, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should EngagePlatform.co.za suffer any damage or loss, civil damages shall be claimed by EngagePlatform.co.za against the user.
  • Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Service Provider and its affiliates, agents and/or partners.

Intellectual property rights

  • For the purpose of this clause, “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by EngagePlatform.co.za, now or in the future, including without limitation, EngagePlatform.co.za’a rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
  • All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to, EngagePlatform.co.za and as such are protected from infringement by local and international legislation and treaties.
  • By submitting reviews, comments and/or any other content (other than your personal information) to EngagePlatform.co.za for posting on EngagePlatform.co.za, you automatically grant EngagePlatform.co.za and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
  • All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in EngagePlatform.co.za is granted to you.
  • Except with EngagePlatform.co.za’s express written permission, no proprietary material from EngagePlatform.co.za may be copied or retransmitted.
  • Irrespective of the existence of copyright, the user acknowledges that EngagePlatform.co.za is the proprietor of all material on EngagePlatform.co.za (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
  • EngagePlatform.co.za authorises you only to view, copy, temporarily download to a local drive and to print the content of EngagePlatform.co.za, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
  • You are prohibited from using any of the marks or logos appearing throughout the Website without permission from the trademark owner, except as permitted by applicable law.

Risk, limitation of liability and indemnity

  • The user’s use of EngagePlatform.co.za and the information contained on EngagePlatform.co.za is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
  • The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall EngagePlatform.co.za be liable for any loss, harm, or damage suffered by the user as a result thereof. EngagePlatform.co.za reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should service provider deem it necessary.

To the extent permissible by law:

  • Neither EngagePlatform.co.za, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of EngagePlatform.co.za or any functionality thereof, or the information contained on EngagePlatform.co.za, or of any linked website, even if EngagePlatform.co.za knows or should reasonably have known or is expressly advised thereof.
  • The liability of EngagePlatform.co.za for faulty execution of EngagePlatform.co.za as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of EngagePlatform.co.za shall be limited to service provider rectifying the malfunction, within a reasonable time and free of charge, provided that EngagePlatform.co.za is notified immediately of the damage or faulty execution of EngagePlatform.co.za. This liability shall fall away EngagePlatform.co.za excluded if the user attempts to correct or allows third parties to correct or attempt to correct EngagePlatform.co.za without the prior written approval of EngagePlatform.co.za. However in no event shall EngagePlatform.co.za be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with EngagePlatform.co.za or its use.
  • You hereby unconditionally and irrevocably indemnify EngagePlatform.co.za and agree to hold EngagePlatform.co.za free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by EngagePlatform.co.za or instituted against EngagePlatform.co.za as a direct or indirect result of: your participation in the Offering;
  • your failure to comply with any of the terms or any other requirements which EngagePlatform.co.za may impose from time to time;
  • any unavailability of, or interruption in, the Offering which is beyond the control of EngagePlatform.co.za.

EngagePlatform.co.za makes no warranty or representation as to the availability, accuracy or completeness of the content of Offering. You expressly waive and renounce all your rights of whatever nature that you may have against EngagePlatform.co.za any LOSS suffered by you, as a result of information supplied by service provider being incorrect, incomplete or inaccurate.

Service provider privacy and cookie policy

  • This clause provides details about our Privacy and Cookie Policy, which Policy forms part of these Terms and Conditions. EngagePlatform.co.za takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy.
  • Personal information when used in this Policy means information that can identify you as an individual or is capable of identifying you. By personal information we don’t mean general, statistical, aggregated or anonymised information.
  • Your use of the Offering signifies your consent to us collecting and using your personal information as specified below.

How we collect information about you

  • For the purposes of managing your EngagePlatform.co.za account we capture and store your email address and encrypted password. Your Name, Surname, Email Address and Phone number are required to use your EngagePlatform.co.za account. Further information may be requested in order to verify your identity, your age and or eligibility to claim prizes or participate on EngagePlatform.co.za. Cookies are automatically served to your browser to enable you to manage your logged in and logged out states.

How we use your information

  • 3rd party web cookies further track an aggregate of EngagePlatform.co.za user journeys and interactions with the EngagePlatform.co.za website where data is stored on 3rd party platforms such as Google and Facebook and for marketing and advertising purposes. This aggregated information may be shared with 3rd party advertisers however will not contain your personally identifiable information. By accepting these terms we may further use your Email Address, Phone Number to contact you about services offered on EngagePlatform.co.za. This includes but is not limited to daily reminder emails or sms text to enter competitions or to conduct payouts. These emails / sms text messages may contain information and/or offers from 3rd party advertisers on EngagePlatform.co.za.

How long do we keep your information for?

  • The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.

Disclosing your information to third parties

  • EngagePlatform.co.za is an elective advertising platform whereby visitors may choose to participate in 3rd party advertiser promotions or not. Your submitted information including Your Name, Email Address and Phone Number may at times be shared with 3rd Party advertiser companies from time to time of which you may opt-out at any point. Further non-personal information pertaining to the number of logins, registrations, length of visit, impression, click and other interactions are tracked on EngagePlatform.co.za may also be shared with current and prospective advertisers of EngagePlatform.co.za.

When and where do we use cookies?

  • We allocate cookies during the visit, registration and gameplay process on EngagePlatform.co.za. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services offered on EngagePlatform.co.za.
  • Third party cookies served by standard marketing platforms such as Google and Facebook are additionally served to all visitor browsers.
  • Standard components of WordPress using Woocommerce and other plugins serve cookies to your browser to aid your user experience of EngagePlatform.co.za.

How can you refuse or opt out of cookies?

  • EngagePlatform.co.za requires the use of cookies to maintain your logged in states, which are required to participate in the offered games.
  • If you wish to remove cookies served by EngagePlatform.co.za do not visit EngagePlatform.co.za or use Cookie Blocking Software to select which cookies you wish to store or not to store in your browser.
  • At any juncture you are free to clear your browser of all cookies served by EngagePlatform.co.za

How can you manage your privacy preferences?

  • At any juncture you are free to remove your account from EngagePlatform.co.za simply email [email protected] and request your account deletion from your registered email address or remove your account once authenticated and logged in here.

Breach or cancellation by service provider

  • EngagePlatform.co.za is entitled without notice, in addition to any other remedy available to it at law or under these Terms and Conditions, including obtaining an interdict, to cancel these Terms and Conditions, limit or deny such user use of the Offering, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to EngagePlatform.co.za’s right to claim damages, should any user: breach any of these Terms;
  • in the sole discretion of EngagePlatform.co.za, use the Offering in an unauthorised manner; or infringe any statute, regulation, ordinance or law.
  • Breach of these Terms and Conditions entitles EngagePlatform.co.za to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to EngagePlatform.co.za on an attorney and own client scale.

Fraud

In the event of any individual being engaged in any kind of fraudulent behaviour (in EngagePlatform.co.za’s reasonable and sole opinion) in relation to these Terms and Conditions, EngagePlatform.co.za reserves the right to close the account at any time without prior notice or explanation, and credit may held in the infringing account and be forfeited to EngagePlatform.co.za or duely re-funded.

A customer may not attempt to circumvent the Conditions. If you use fraudulent methods or otherwise attempt to circumvent the Conditions your account may be removed from eligibility at the sole discretion of EngagePlatform.co.za and you may be banned from further participation.

Participants are not permitted to use or access the Site from any jurisdiction in which it is unlawful to do so.

Compliance with section 43(1) of ECT Act

In compliance with section 43(1) of the ECT Act, the following is noted:

    • Full name: Engage Global Solutions
    • Registration number: (2021/149347/07)
    • Physical address: 209 Clock Tower Building, Dock Road Victoria And Alfred, Waterfront, Cape Town
    • Telephone number: + 27 87 3305 378
    • Website address: www.EngagePlatform.co.za
    • E-mail address:[email protected]
    • Names of office bearers: Ian Kinsey
    • Registered at: Cape Town

Compliance with laws

You shall comply with all applicable laws, statues, ordinances and regulations pertaining to your use of and access to EngagePlatform.co.za.

Notices

Except as explicitly stated otherwise, any notices shall be given by email to [email protected] (in the case of EngagePlatform.co.za) or to the e-mail address you have provided to EngagePlatform.co.za (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, EngagePlatform.co.za may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Service Provider. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms and Conditions may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

General clauses

These Terms and Conditions shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa. EngagePlatform.co.za is controlled, operated and administered by EngagePlatform.co.za from its offices within the Republic of South Africa. EngagePlatform.co.za makes no representation that the content of the Offering is appropriate or available for use outside of South Africa. Access to the EngagePlatform.co.za from territories or countries where the content of the Offering is illegal is prohibited. If the user accesses EngagePlatform.co.za from locations outside of South Africa, that user is responsible for compliance with all local laws.

EngagePlatform.co.za does not guarantee continuous, uninterrupted or secure access to the Offering, as operation of EngagePlatform.co.za may be interfered with as a result of a number of factors which are outside of our control. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and Conditions and the remaining provisions shall be enforced to the full extent of the law.

EngagePlatform.co.za’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms and Conditions to any third party without the prior written consent of EngagePlatform.co.za.

No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

The head notes to the paragraphs to these Terms and Conditions are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

These Terms set forth the entire understanding and agreement between EngagePlatform.co.za and you with respect to the subject matter hereof.