Terms and Conditions

Website Usage Terms and Conditions

Last Updated: 19 December 2025

Welcome to the website of Eteksi (“the Website”). By accessing, browsing, or using this Website, you agree to be bound by these Terms and Conditions (“Terms”), together with our Privacy Policy and any other policies referenced herein. These Terms govern the relationship between Eteksi and you, the user, in relation to your use of the Website. If you do not agree with any part of these Terms, you must immediately cease using the Website.

1. Definitions

In these Terms:

• “Eteksi”, “we“, “us“, or “our” refers to Eteksi, a company incorporated under the laws of South Africa with registration number 2025 / 673265 / 07 and registered office at Dock Road Junction, Corner of Stanley & Dock Road, Waterfront, Cape Town, 8001, South Africa.
• “You” or “User” refers to any individual or entity accessing, browsing, or using the Website.
• “Website” refers to www.eteksi.app and all associated subdomains, pages, and content.
• “Content” includes all text, images, graphics, designs, layouts, videos, software, code, and other materials available on the Website.

• Application of These Terms

• These Terms apply to all Users of the Website, whether accessing it as a guest, registered user, or customer. 
  • By using the Website, you confirm that you are at least 18 years old or have the legal capacity to enter into binding agreements under South African law. If you are using the Website on behalf of an organisation, you warrant that you have the authority to bind that organisation to these Terms. 
  • We reserve the right to amend these Terms at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after such changes constitutes acceptance of the revised Terms. It is your responsibility to review these Terms regularly.

• Use of the Website

• The Content on this Website is provided for general information purposes only and is subject to change without prior notice.
  • You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to: 
• Use the Website in any way that violates applicable South African laws, including but not limited to the Consumer Protection Act, 2008 (CPA), the Electronic Communications and Transactions Act, 2002 (ECTA), and the Protection of Personal Information Act, 2013 (POPIA).
• Engage in conduct that disrupts, damages, or impairs the Website, including hacking, introducing viruses, or engaging in denial-of-service attacks. 
• Attempt to gain unauthorised access to any part of the Website, its servers, or any connected systems. 
• Use the Website to transmit or distribute unsolicited marketing or spam communications.
  • We may suspend, restrict, or terminate your access to the Website at our discretion, without notice, if we believe you have breached these Terms or for any other lawful reason.

• Intellectual Property

• All Content on the Website, including but not limited to text, graphics, logos, designs, photographs, videos, software, and source code, is owned by or licensed to Eteksi and is protected by South African and international copyright, trademark, and other intellectual property laws. 
  • You may not reproduce, distribute, modify, display, or create derivative works from any Content without our prior written consent, except as permitted under the Copyright Act, 1978, or other applicable laws (e.g., fair use for non-commercial purposes). 
  • Trademarks, logos, or service marks displayed on the Website that are not owned by Eteksi are the property of their respective owners and are acknowledged as such. 
  • Unauthorised use of any Content or intellectual property may result in legal action, including claims for damages or criminal prosecution under the Counterfeit Goods Act, 1997, or other applicable laws.

• Cookies and Personal Information

• This Website uses cookies and similar tracking technologies to enhance your browsing experience and monitor usage preferences. By continuing to use the Website, you consent to the use of cookies in accordance with our Cookie Policy (available at eteksi.app/cookie-policy). 
  • If cookies are enabled, we may collect and process personal information, such as your IP address, browsing history, and device information. This information may be shared with third parties (e.g., analytics providers) for purposes outlined in our Privacy Policy. 
  • All personal information collected is processed in compliance with POPIA. For details on how we collect, use, store, and protect your personal information, please refer to our Privacy Policy (available at eteksi.app/privacy-policy).
  • You may disable cookies through your browser settings, but this may affect the functionality of the Website.

• Disclaimer of Warranties

• The Website and its Content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no warranties or representations, express or implied, regarding: 
• The accuracy, timeliness, completeness, or suitability of the Content for any particular purpose. 
• The availability, performance, or uninterrupted operation of the Website.
• The absence of viruses, malware, or other harmful components. 
  • You acknowledge that the Content may contain errors or inaccuracies, and we expressly exclude liability for any such errors or inaccuracies to the extent permitted by law. 
  • Any reliance on the Content or services provided through the Website is at your own risk. It is your responsibility to verify that any products, services, or information available through the Website meet your specific requirements.

• Limitation of Liability

• To the fullest extent permitted by law, Eteksi, its directors, employees, affiliates, or agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from: 
• Your use of or inability to use the Website. 
• Any errors, omissions, or inaccuracies in the Content. 
• Any unauthorised access to or loss of your personal information, except where such loss is due to our gross negligence or willful misconduct.
• Any interruptions, delays, or failures in the operation of the Website.
  • Nothing in these Terms excludes or limits our liability for: 
• Death or personal injury caused by our gross negligence. 
• Fraud or fraudulent misrepresentation. 
• Any other liability that cannot be excluded under South African law, including the CPA.
  • If you are a consumer as defined under the CPA, your rights under the Act are not affected by these Terms. You are entitled to safe, good-quality goods and services, and any defective products or services may be subject to remedies under the CPA.

• Third-Party Links

• The Website may contain links to third-party websites or resources for your convenience. These links do not imply our endorsement, sponsorship, or affiliation with such third parties. 
  • We are not responsible for the content, accuracy, or availability of third-party websites, nor for any losses or damages arising from your use of such websites. 
  • You access third-party websites at your own risk, and we recommend reviewing their respective terms and privacy policies.

• User-Generated Content

• If you submit content to the Website (e.g., reviews, comments, or feedback), you grant Eteksi a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, publish, and distribute such content in any medium.
  • You warrant that any content you submit: 
• Is accurate, lawful, and does not infringe on the rights of any third party.
• Does not contain defamatory, obscene, or offensive material.
  • We reserve the right to remove or edit any user-generated content at our discretion, without notice, if we deem it inappropriate or in violation of these Terms.

1.   Electronic Communications
   1. By using the Website, you consent to receive electronic communications from us, including emails, notifications, or updates, in accordance with the ECTA.
   1. You may opt out of marketing communications at any time by following the unsubscribe instructions provided in such communications or contacting us at info@eteksi.app. 
   1. All agreements, disclosures, or notices provided electronically satisfy any legal requirement that such communications be in writing, as per the ECTA.

1. Governing Law and Jurisdiction

1. These Terms and any disputes arising from your use of the Website are governed by the laws of the Republic of South Africa. 
   1. Any disputes shall be subject to the exclusive jurisdiction of the South African courts, provided that we may institute proceedings in any other jurisdiction if necessary to protect our rights. 
   1. If you are a consumer under the CPA, you may have additional rights to resolve disputes through alternative dispute resolution mechanisms, such as the National Consumer Commission or an accredited ombud.

1. Termination

1. We may terminate or suspend your access to the Website immediately, without notice, if: 
2. You breach any provision of these Terms. 
3. We are required to do so by law. 
4. We discontinue or modify the Website.
   1. Upon termination, your right to use the Website will cease, but any provisions of these Terms that by their nature should survive termination (e.g., intellectual property, limitation of liability) will remain in effect.

1. Complaints and Dispute Resolution

1. If you have any complaints or concerns regarding the Website or these Terms, please contact us at: 
2. Email: info@eteksi,app 
3. Phone: +27211408169   
4. Physical Address: Dock Road Junction, Corner of Stanley & Dock Road, Waterfront, Cape Town, 8001, South Africa 
   1. We will endeavour to resolve complaints promptly and fairly in accordance with our internal complaints-handling process and applicable laws, including the CPA. 
   1. If a dispute cannot be resolved, you may refer the matter to the National Consumer Commission or an accredited ombud with jurisdiction, as provided under the CPA.

1. General Provisions

1. Entire Agreement: These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Eteksi regarding your use of the Website.
   1. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
   1. Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. 
   1. Assignment: We may assign our rights and obligations under these Terms to a third party without your consent. You may not assign your rights or obligations without our prior written consent. 
   1. Force Majeure: We shall not be liable for any failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, strikes, or government actions.

1.  Contact Us

For any questions, feedback, or support regarding these Terms or the Website, please contact us at: 

• Email: info@eteksi.app 
• Phone: +27211408169
• Postal Address: Dock Road Junction, Corner of Stanley & Dock Road, Waterfront, Cape Town, 8001, South Africa
• Business Hours: Monday to Friday, 08:00–17:00 

We value your trust and are committed to providing a secure and user-friendly experience on our Website.