Terms of Service

For the purposes of this agreement, Electronic Signature will have the meaning ascribed to it in terms of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”). By accepting this agreement through pressing the “I accept” button, or by any other means, you are signing this agreement electronically. You agree that the Electronic Signature is the legal equivalent of your manual authorised signature on this agreement. By accepting this agreement aforesaid, you consent to be legally bound by this agreement’s terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature, acceptance and agreement as if actually signed by you in writing. You further agree that no certification authority or other third party verification is necessary to validate your Electronic Signature and that the lack of such certification of third party verification will not in any way affect the enforceability of your Electronic Signature or any resulting contract between us and you. The person accepting these terms represents and warrants that he/she is authorised to enter into this agreement, for all persons who are authorised to access your accounts and that such persons will be bound by the terms of this agreement. It is recommended that you print a copy of this agreement for future reference. 

 GENERAL TERMS AND CONDITIONS ELECTRONICSPORT.AFRICA AND PROPRIETOR: UCAN VIRTUALLY TECHNOLOGIES (PTY) LTD T/A ELECTRONIC SPORT AFRICA  ("ESA") 

1.  WEBSITE TERMS OF USE
   These terms, including any other terms and conditions contained on this Website and electronically accepted (“Terms”) govern your (“User/you/yours”) use of the ESA website and Interactive Services (“Services”) located at the domain name www.electronicsport.africa (“Website”), owned and operated by ESA and its subsidiaries and affiliates. By accessing and using the Website or by registering for an account and/or becoming a member to participate in any game or tournament offered on the Website, the User agrees to be bound by the Terms set out in this legal notice. If the User does not wish to be bound by these Terms, the User may not access, display, use, download, or otherwise copy or distribute Content obtained on the Website. Should you disagree with any of the Terms, you must refrain from accessing the Website and/or using the Services or purchasing ESA products. Additional terms may apply to your use of any Services, including contest rules and eligibility, which rules are incorporated by reference into these Terms. If any conflict arises between the Terms and any contest rules, the contest rule will prevail. If there is anything in these Terms that you do not understand then please contact ESA as soon as possible, see clause 31 below for contact details. Please note that calls to ESA are charged at national rates and may be monitored for training, security and quality assurance purposes. 
2.  REGISTRATION ELIGIBILITY
   Registration of an account is void where prohibited. This Website is intended solely for users who are 13 years of age or older. Any registration by, use of or access to the Website by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using any of the Services or the Website, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the Terms and where you are between the ages of 13 and 18 you will comply with the game related age restrictions and/or guidelines in the country in which you reside.
3. PARTICIPATION ELIGIBILITY
   1. In order to register and/or participate to any competitions on the Website, you must: 
      1. Be a natural person, at least 13 years old, and who has had the email address submitted assigned to them as has been represented on the account registration form;
      2. Be physically located in a territory in which participation in the competitions you select on the Website is unrestricted by law; 
      3. At all times comply with these Terms. 
   2.  By using or accessing the Website, you represent and warrant that you have the right, authority and capacity to enter into these Terms to abide by these Terms and where an individual is aged between 13 and 18 he/she has obtained his/her guardian’s consent to register for and/or participate in any competitions on the Website. 
4.  PROOF OF ELIGIBILITY 
   ESA may at any time require you to provide proof of eligibility to participate in order to continue to allow you access to the Website, and you hereby acknowledge and accept this condition of your participation as a reasonable measure to ensure the security of the Website. In addition you will be required to provide proper identification and proof of eligibility prior to receiving a prize of the processing by ESA of any prize request. Failure by you to provide evidence of identification and/or eligibility satisfactory to ESA, in its sole and absolute discretion, will result in the suspension and/or termination of your account. 
5. ACCURACY OF INFORMATION
   In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website; (b) maintain the security of your password and identification; (c) maintain and promptly update your registration date, and any other information you provide to ESA, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account. 
6. LOCAL LAWS
   You are subject to all laws of the province, state and/or country in which you reside and from which you access the Services and are solely responsible for obeying those laws.  You agree ESA is not and cannot be held liable if laws applicable to you restrict or prohibit your participation. ESA does not warrant that materials, services or information for sale on the Website are appropriate or available for use outside the Republic of South Africa (“ZAR”). It is prohibited to access the Website from territories where its contents are illegal or unlawful, if you access the Website from locations outside the ZAR, you do so at your own risk and you are responsible for compliance with local laws. ESA reserves the right to monitor the location from which you access the Website and to block access from any jurisdiction in which participation is illegal or restricted. 
7. LIMITATIONS OF PARTICIPATION
   You may establish only one account per person, and only up to two accounts per computer or IP or physical address, to participate in the Services offered on the Website. ESA reserves the right to monitor all activities on the Website, including without limitation, any effort to establish multiple accounts; in the event ESA discovers that you have opened more than one account per person or more than two accounts per computer or address, all additional accounts will be closed without notice and continued violation will result in the termination of any and all of your accounts. ESA also reserves the right to deny access to anyone, including but not limited to, those players who use proxy servers and/or IP addresses residing in certain geographical areas. 
8. ACCOUNTS FOR INDIVIDUAL USE ONLY
   You, as the holder of your account, are solely responsible for all obligations, and assuming compliance with these Terms, are entitled to all benefits accruing thereto. You may not allow any other person to access your account, access the Website, accept any winnings, or participate in any tournament using your account information. Your account is not transferable to any other person. All activities undertaken under your account will be deemed to have been done by you.
9. VIOLATION OF THE TERMS AND ABUSE LIABILITY 
   If you display behavior which may be interpreted as the use of unfair methods on the Website, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play, intentionally poor play in certain games in order to achieve a broader competitive advantage (i.e. “sandbagging”), harassment of other participants, posting of objectionable material, any breach of these Terms, or any breach or attempted breach of the security of your account or the Website, you will be subject to immediate sanction (as determined by ESA in its sole discretion), up to and including account termination and blocking of the Website access and, in the case of any other illegal activity, disclosure to the appropriate law enforcement authorities and legal action at the sole discretion of ESA. 
10. USER POSTED CONTENT ON OUR SITE
    You are solely responsible for the photos, profiles (including your name, image and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display on or through the Service of the Website, or transmit to or share with other users. You may not post, transmit, or share user content on the Website or Services that you did not create or that you do not have permission to post. You understand and agree that ESA may, but is not obliged to, review the Website and may delete or remove (without notice) and site content or user content in its sole discretion, for any reason or no reason, including user content that in the sole judgment of ESA violates these Terms, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any user content you post or store on the Website or provide ESA. When you post user content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the user content on the Website. By posting user content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to ESA an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorize sublicenses of the foregoing. You may remove your user content from the Website at any time. If you choose to remove your user content, the license granted above will automatically expire, however you acknowledge that ESA may retain archived copies of your user content. ESA does not assert any ownership over your user content, rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all your user content and any intellectual property rights or other proprietary rights associated with your user content. 
11. SUBMISSIONS
    If you send comments, questions or suggestions, including, but not limited to, notes, text, drawings, or computer programs, to the Website, such submissions shall become, and shall remain, the sole property of ESA. No submission will be subject to any obligation of confidence on the part of ESA. ESA will exclusively own all rights to, and shall be entitled to unrestricted use of, all such submissions without any compensation to you whatsoever. 
12. COMPETITION LEVELS
    Each member acknowledges that the outcome of the matches and tournaments offered on the Website are directly related to the skill levels of each member participating. ESA does not comment or have knowledge of the probability of one member winning a match vs. another member and makes no representations about an individual member’s chances of winning.  Prizes are generally virtual points, which are deposited directly into winners’ accounts. 
13. WINNERS LIST
    A preliminary list of winners will be posted on the Website immediately following each tournament, except in the case of tournaments with substantial (as determined by ESA in its sole discretion) prizes, where lists may be delayed for up to five (5) business days while verification of the results takes place in order to help prevent potential abuse. Final winners will be posted following completion of the applicable tournament. 
14. DETERMINATION OF WINNERS
    The results and winners of each tournament and competition offered on the Website will be determined by ESA, and such determinations are final. By registering and/or participating in any tournament or competition, you agree to be bound by these determinations. 
15. GAME PLAY
    ESA is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, disconnects from your game play on your platform or any incorrect or inaccurate results that may be posted on your online game. You may not:
    1. Gain unauthorized access to the Website’s systems or any account (other than your own), interfere with the communications, procedures or performance of the Website or deliberately damage or undermine the Website. 
    2. Affect the outcome of your online game play on your platform be means of or with the assistance of automatic, macron, bots, automated programs, screen analysis utilities, any type of mods, memory readers, telepathy, alien technology or similar methods or to otherwise commit fraud in relation to the Website, or
       Alter the human skill component of any game played on your platform. Any attempt to do so is a violation of both civil and criminal laws and will result not only in the termination of your account and forfeiture of all premium and free benefits, bonuses and incentives to which you would otherwise be entitled, but potentially also civil and/or criminal prosecution.

       ESA, in its sole discretion, reserves the right to terminate any person’s account who is suspected of tampering with their game results for the tournament entered, or who otherwise violates these rules and to seek criminal and/or civil prosecution to the greatest extent possible.

16. SUBSCRIPTIONS
    You may access the Services by any of our several subscriptions:
    1. Free Service: a free-of-charge service limited to a certain amount of features and/or events; 
    2. Premium Service: a subscription fee-based service that gives access to all available premium benefits; 
    3. Premium Unlimited Service: a subscription fee-based service which gives access to all supporter level features.

       The premium service permits to use premium features such as unlimited teams creations, premium badges, priority over map and server selection in voting, priority to be captain in a game, advanced gaming statistics and premium only competitions and rankings. ESA reserves the right, in its absolute discretion, to review and change the benefits of premium subscriptions. You may not transfer access to your account. The premium service and the premium unlimited service are hereinafter referred to as “Paid Subscriptions”. 

17. TRIALS
    From time to time, we may offer trials of the premium service and or premium unlimited service for a specified period without payment (“a Trial”). ESA reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.

    For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the premium service and/or premium unlimited service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your subscription to the free service through you ESA account’s settings before the end of the Trial. 

18. PRIZE REQUESTS
    Members may request prizes they have been awarded at any time. Prizing processing will be suspended for security purposes when account fraud is suspected. If you are not contacted by customer support within 10 business days from the prize request, please contact customer support at INFO@UCANVIRTUALLY.COM. Your prizes are awarded to you in their entirety, and all taxes due in connection with any prizes awarded to you are your sole liability. 
19. PAYMENTS, REFUNDS AND CANCELLATION
    If you have a paid subscription, your payment to ESA will automatically renew at the end of the subscription period, unless you cancel your paid subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.

    ESA may change the price for the paid subscription from time to time and will communicate any price changes to you. Price changes for the paid subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Services after the price change takes effect, you accept the new price. 

20. USER CONDUCT
    You understand that except for advertising programs offered by us on the Website, the Services and Website are available for your personal, non-commercial use only. You represent warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.

    In addition, you agree not to use the Services or Website to:

    • Harvest or collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purpose of sending unsolicited communications;
    • Use the Services of the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website; 
    • Use automated scripts to collect information from or otherwise interact with the Services of the Website.
    • Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
    • upload, post transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
    • register for more than one user account, register for a user account on behalf of an individual other than yourself or register for a user account on behalf of any group or entity, impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
    • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junkmail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
    • upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, email addresses, identity numbers, and credit card numbers;
    • solicit personal information from anyone under the age of 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
    • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • intimidate or harass another;
    • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or intentional law;
    • use or attempt to use another’s account, service or system without authorization from ESA, or create a false identity on the Website;
    • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of ESA is, objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose ESA or its users to any harm or liability of any type;
    • utilize advanced fonts, Java, tables, HTML, or other programming codes or commands are not allowed in messages;
    • provide, post or otherwise distribute content which is defamatory, threatening disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
    • use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
    • use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
    • provide, post or otherwise distribute, content that contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
    • provide, post otherwise distribute, content that discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
    • provide, post or otherwise distribute, content that violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
    • Provide, post, or otherwise distribute, content that interferes with any user’s uninterrupted use of the Website.

      WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO THE PROSECUTING AUTHORITIES UPON NOTICE RECEIVED BY ESA. It is your responsibility to determine that your input into the Website, including the use of any chat room areas of the Website, including your choice of your username, conforms to the above conditions. If you notice any content which breaches these conditions, please notify us by e-mail. 

21. ANTI-SPAM POLICY
    ESA prohibits any activity commonly referred to as “Spam”. Members who are reported and whose claims of “Spam” are validated by ESA will have their respective accounts either immediately terminated or suspended, at the sole discretion of ESA. Additionally, any winnings (if any) may be voided at the sole discretion of ESA. ESA defines “spam” as:  
    • Posting and/or sending a single message or messages similar in content, to more than five (5) users and/or posting and/or sending messages to users that violate their rules. 
    • Collecting responses from unsolicited e-mail. 
    • Sending any unsolicited e-mail that could be expected, in ESA’s opinion, to provide complaints. 
    • Sending e-mail with charity requests, petitions, for signatures, or any chain mail-related materials. 
    • Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: the inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail. 
    • Sending e-mail that does not accurately identify the sender, the sender’s return address, and the e-mail address of origin. 
    • Using ESA facilities to violate what could reasonably be considered a violation of another Internet Service Provider acceptable use policy and/or terms of service.

      User is further prohibited from the following activities:

    • Employing any mechanisms, software or scripts when using the Website. However, the user may use the interfaces or software provided by ESA within the scope of the Services available on the Website and in accordance with these terms; 
    • Blocking, overwriting, modifying and copying of any contents of the Website 
    • Distributing or publicly disclosing the contents of the Website or any of its terms, without the written permission from ESA; or 
    • Performing any actions that may impair the operability of the Website infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment of software ESA may undertake, at its sole discretion and with or without prior notice the following enforcement actions: 
      • Account Suspension: Upon the receipt of a credible and validated complaint, ESA may also elect to immediately suspend the membership of the member implicated in the abuse. Suspension serves as a “final” warning and will prevent the member from continuing their abusive “Spamming” behaviour. ESA will evaluate each validated abuse incident on a case-by-case basis and impose Termination or Suspension at its sole discretion and may void any associated winnings. ESA reserves the right to lift the suspension of a member at any time, at its sole discretion. 
      • Account Termination: Upon the receipt of a credible and validated complaint, ESA may immediately terminate the membership of the individual member implicated in the abuse and may void any associated winnings. 
22. FORFEITURE AND ACCOUNT SUSPENSION/TERMINATION
    ESA is committed to taking all necessary measures to prevent anything that gives a member an unfair advantage over another member, as well as to ensuring that the ESA environment is an enjoyable place to work and play. ESA reserves the right to take immediate action in the event that ESA believes a member is failing to observe the Code of Conduct, these terms and conditions or any other terms or policies that govern the usage of the Website.

    As described below, if you are found to be in violation with any of these terms and policies, ESA may suspend or revoke your account, or the funds in your account, void your scores, seize funds in your account to repay members who you have cheated against and/or commence legal proceedings against you. ESA may cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.

    ESA reserves the right, in its sole discretion, to take any or all of the steps described above if it determines, acting reasonably, that: (i) you have breached any term or condition, (ii) you are participating in any attempt to defraud ESA or the Website through the use of credit cards or other methods of payment, regardless of the outcome; (iii) you have failed to honour legitimate charges or requests for payment, or you have  charged back or denied any of the payments on your account; (iv) you are participating in any attempt to cheat another member through collusion or other techniques, regardless of the outcome; or (v) you become bankrupt or subject to analogous proceedings anywhere in the world.

    For breaches of the terms and conditions, that are deemed by ESA, in its sole discretion, to be unintentional or less serious, first time offenders may receive an initial warning and may have their account suspended at the discretion of ESA. Repeat offenders will be deemed to be intentionally violating the terms and conditions.

    If you are suspected of having violated any applicable conduct rules, ESA reserves the right to suspend your account, including any access to the Website, or freeze the funds in your account and any account balance or withdrawals pending for up to six months while an investigation shall occur. 

23. ACCOUNT TERMINATION
    ESA reserves the right to terminate your account, limit or prohibit your participation in any game or tournament.

    By registering for an account and/or participating in any tournament or game offered on the Website, you consent to allow ESA to access your account information to investigate complaints or other allegations of abuse. All won competitions (if any) may be voided at the sole discretion of ESA.

    Any person whose access has been suspended or terminated may not re-register for, or re-access, the Website without the prior written consent of ESA. You are responsible for everything that is done on or through your account while you are a member of the Website. 

24. TERMINATION
    You are entitled to close your account at any time by contacting ESA. ESA will respond to your request within a reasonable time provided that you continue to assume responsibility for all activity on your account until such closure has been effected. ESA is entitled to terminate these terms and conditions immediately on notice to you at the email address you have provided. 
25. HACKING, TAMPERING OR UNAUTHORISED ACCESS
    By registering for an account and/or participating in any tournament offered on the Website, you agree that ESA is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website or your account. Any attempt to gain unauthorized access to the Website’s systems or any account, interfere with procedures or performance of the Website, or deliberately damage or undermine the Website is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any prizes to which you are otherwise entitled. Any attempt to participate in any tournament offered on the Website by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Website, will result in active pursuit of civil litigation and/or criminal prosecution, termination of your account, and forfeiture of all prizes to which you might otherwise be entitled. 
26. UPDATING OF THE TERMS AND CONTENT OF THE WEBSITE
    1. ESA may change, modify, add to or remove portions or the whole of these Terms. Changes to these Terms will become effective when the changes are posted to the Website. ESA will notify the User of the changes via email or by posting a prominent notice on the Website. The User’s continued use of the Website following the posting of changes or updates will be considered notice of the User’s acceptance of these Terms, including any changes or updates. 
    2. ESA reserves the right to make improvements or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website. 
    3. ESA reserves the right to change and amend the products, Services, prices and rates quoted on this Website or other quotation provided to the User from time to time without notice. 
    4. ESA may use the services of third parties to provide information on the Website. ESA 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 ESA 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. 
    5. ESA makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation: 
       1. ESA does not warrant that the Website or information or downloads will be error-free or that they will meet any particular criteria or performance or quality. ESA expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; 
       2. Whilst ESA has taken reasonable measures to ensure the integrity of the Website 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.
       3. ESA disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which ESA receives it and statements from external parties are accepted as fact.  
27. USE OF THE WEBSITE
    By accessing the Website, you warrant and represent to ESA that you are legally entitled to do so. By subscribing for any of the Services, you warrant and represent to ESA that you are legally authorised to subscribe for each service and have the requisite capacity to conclude legally binding transactions with ESA. You further warrant that you will not use the Website, the services or any Information or Content made available/sent to you by ESA pursuant to your use of the Website for any purpose that is unlawful or prohibited under South African or international law or is in contravention of the Terms. 
28. USAGE RESTRICTIONS
    The User hereby agrees that it shall not itself, nor through a third party: 
    1. Copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, license, sub-license, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms; 
    2. Decompile, disassemble or reverse engineer any portion of the Website; 
    3. Write and/or develop any derivative of the Website or any other software program based on the Website; 
    4. Modify or enhance the Website. In the event of a User effecting any modifications or enhancements shall be the property of ESA; 
    5. Without ESA’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the User; 
    6. Remove any identification, trademark, copyright or other notices from the Website; 
    7. Post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website 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 
    8. Notwithstanding anything contained to the contrary in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes. 
29. LINKED THIRD PARTY WEBSITES AND THIRD-PARTY CONTENT 
    1. ESA may provide links to third party websites on the Website. These links are provided to the User for convenience purposes only and ESA does not endorse, nor does the inclusion of any link imply ESA’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations. 
    2. While ESA tries to provide links only to reputable websites or online partners, ESA 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 ESA. ESA 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. 
    3. You agree that ESA shall not be liable, directly or indirectly, in any way from the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor from 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 the Website. Any dealings that you may have with any linked websites, including advertisers, found on the Website, are solely between you and the third-party website. 
30. SECURITY
    1. In order to ensure the security and reliable operation of the Services to all ESA’s users, ESA 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. 
    2. You may not utilise the Website in any manner which may compromise the security of ESA’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, 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 ESA suffer any damage or loss, civil damages shall be claimed by ESA against the User. 
    3. 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 ESA and its affiliates, agents and/or partners. 
31. CONSUMER PROTECTION INFORMATION
    In compliance with section 43(1) of the Electronic Communications and Transactions Act (“ECTA”), Act 25 of 2002, your attention is drawn to the following: 
    1. Full name and legal status: UCAN Virtually Technologies (Pty) Ltd 
    2. Registration number: 2018/474142/07 
    3. VAT registration number: Pending  
    4. Business address at 58 Alexander Avenue, Fourways, Sandton, Johannesburg, South Africa, 2055 
    5. Telephone number: +27762473861 
    6. ESA will accept legal service at: Unit 12 Sandton Park, 58 Alexander Avenue, Fourways, Johannesburg, South Africa, 2055; 
    7. The main business of ESA is: an online Esports Tournament Management Platform (TMP) with built in Social Networking & Communication tools. It serves as an entry point for individuals, schools, universities, private and public enterprise to connect directly into the world of Esports with a wide-ranging portfolio of competitive Online Video Games, Robotics, Drone Racing and Online Chess.  
    8. ESA’s website is: www.electronicport.africa 
    9. ESA’s email address is: info@ucanvirtually.com  
    10. Manner of payment: electronic funds transfer (EFT) and/or credit or debit card. 
    11. ESA makes no representations and gives no warranties and/or guarantees of whatever nature, whether express, implied in law, or residual, in respect of these Terms, the Services and/or the accuracy or correctness of the information and/or Content delivered to you or contained on the Website or any part thereof. 
    12. Time within which the service will be delivered: as soon as is reasonably possible. 
    13. Refund policy: refer to the terms and conditions of sale.  
    14. Security procedures and privacy policy of ESA in respect of payment, payment information and personal information: ESA utilises a payment system that is sufficiently secure with reference to accepted technological standards as at the date of these terms, given the type of transaction to be concluded between you and ESA. 
    15. Cooling-off period: in terms of section 42(2)(f)(iii) of ECTA, no cooling-off period applies in respect of this website. 
32. PAYMENT
    Payments can be made via electronic funds transfer, Credit or Debit Card Payment options or any other acceptable electronic payment method. 
33. COMPLAINTS AND DISPUTES
    ESA requests Users to file complaints via the “Contact us” service of the Website. Currently ESA does not subscribe to any alternative dispute resolution code or mechanism. 
34. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS 
    1. ESA provides certain information on the Website. Content displayed at the Website is provided by ESA, its affiliates or subsidiary, or any third-party owners of the content (“Content”). All the proprietary works, and the compilation of the proprietary works, belong to ESA, its affiliates or subsidiary, or any third-party owners of the rights (“Owners”), and the Content is protected by South African and international laws. 
    2. ESA may make any changes to the Website, the Content, or products offered through the Website at any time and without notice to the User. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms, the User is not granted a license or any other right including under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content. 
    3. All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, databases and software, is the property of ESA or its Content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of ESA and protected by South Africa and international copyright laws. 
    4. For the purposes of this clause, the following words shall have the following meanings ascribed to them: 
       1. “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly of under license by ESA, now or in the future, including without limitation, ESA’s 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. 
       2. 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, ESA and as such are protected from infringement by local and international legislation and treaties. 
    5. By submitting reviews, comments and/or any other content (other than your personal information) to ESA for posting on the Website, you automatically grant ESA and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and license 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 license, you retain any and all rights that may exist in such content. 
    6. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you. 
    7. Except with ESA’s express written permission, no proprietary material from this Website may be copied or retransmitted. 
    8. Irrespective of the existence of copyright, the User acknowledges that ESA is the proprietor of all material on the Website (except where the 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. 
    9. ESA authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, 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.
35. LIMITED LICENSE TO GENERAL USERS 
    1. ESA grants the User, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only. 
    2. This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of ESA. 
    3. The license does not allow the User to collect service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of the Website or the Content for the benefit of another merchant. The User may not frame the Website or the Content without the express written consent of ESA. 
    4. ESA and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 
    5. Any unauthorized use terminates this license. 
36. LIMITATION OF LIABILITY
    1. Subject to Sections 43(5) and 43(6) of ECTA, and to the extent permitted by law, the Website and all Content on the Website, are provided on an “as is” basis, and may include inaccuracies or typographical errors and ESA, Owners, suppliers, employees, directors, partners, affiliates and agents will not be liable for any damage or loss or liability of any nature incurred by whoever as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and/or any Information contained on or received via the Website, your use of the services and/or your reliance on any Information offered via the Website and services or any action or omission.  Without limiting the generality of the aforegoing, neither ESA, Owners, suppliers, employees, directors, partners, affiliates and agents shall be liable for any loss of business, loss of data and/or loss of profits or claims, any failure and/or unavailability of the Website for any reason whatever and/or the failure/delay by any third party service ESA to render and services which are necessary to ensure the availability of the Website. You hereby indemnify ESA, Owners, suppliers, employees , directors, partners, affiliates and agents against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Without limiting the generality of the aforegoing, ESA shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order is stopped or cancelled. To the extent permissible by law, the liability of ESA for faulty execution of the Website as well as all damages suffered by the User, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to ESA rectifying the malfunction, within a reasonable time and free of charge, provided that ESA is notified immediately of the damage or faulty execution of the Website. This liability shall fall away and be expressly excluded if the User attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of ESA. However in no event shall ESA 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 the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software. Use of this Website is at your own risk. 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 ESA be liable for any loss, harm or damage suffered by the User as a result thereof. ESA reserves the right to request independent verification of any information transmitted via e-mail and the User consents to such verification should ESA deem it necessary. ESA and Owners make no warranty or representation as to the quality, reliability, availability, accuracy, completeness or timelines of the Website, the Content, the services or any third-party content accessible via an Internet link. ESA and/or Owners and/or its suppliers of Information and/or Content do not assume any responsibility for any errors, omissions or inaccuracies in the Website, the Content, the services or any third-party content accessible via an Internet link.  
    2. The Content and Information is provided for informational purposes only and is not intended to provide financial advice to you and you should not rely upon the Content or Information to provide any such advice. You should seek the advice of professionals regarding the evaluation and verification of any Content or Information provided on the Website prior to making any financial decisions based on such Content of Information. 
37. THE USE OF COOKIES
    ESA may store some information (commonly known as “cookies”) on your computer when you visit the Website. This enables ESA to recognize you during subsequent visits. The type of information gathered is non-personal, such as IP address of your computer, the date and time of your visit, which pages you browsed and whether the pages have been delivered successfully. Apart from merely establishing basic connectivity and communications, ESA may also use this data in aggregate form to develop customized services – tailored to your individual interests and needs. Should you choose to do so, it is possible (depending on the browser you are using), to be prompted before accepting any cookies, or to prevent your browser from accepting any cookies at all. This may however cause certain features of the Website not to be accessible.  
38. EXTERNAL LINKS
    External links may be provided for your convenience, but they are beyond the control of ESA and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this Website without the express prior written permission of ESA. 
39. CRAWLERS AND SPIDERS
    No person, business or website may use any technology to search and/or gain information from the Website without ESA’s prior written consent. 
40. CHOICE OF LAW 
    1. The Website is controlled, operated and administered by ESA from its offices as set out below within the Republic of South Africa. 
    2. These Terms will be governed by the Laws of the Republic of South Africa, and the User consents to the jurisdictions of the South Gauteng High Court in the event of any dispute. 
    3. If any of the provisions of these Terms are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms will continue in full force. 
    4. These Terms constitutes the entire agreement between the ESA and the User with regard to the use of the Content and this Website. 
41. CONFIDENTIALITY  
    1. By accepting the terms and conditions, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or Services offered by ESA. You shall notify ESA should you discover any loss or unauthorized disclosure of the information. 
    2. Any information or material sent to ESA will be deemed not to be confidential, unless otherwise agreed in writing by the User and ESA. 
42. BREACH OR CANCELLATION BY ESA 
    1. ESA is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such User use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to ESA’s right to claim damages, should any User: 
       1. Breach any of these Terms; 
       2. In the sole discretion of ESA, use the Website in an unauthorized manner; or 
       3. Infringe any statute, regulation, ordinance or law. 
    2. Breach of these Terms entitles ESA to take legal action without prior notice to the User and the User agrees to reimburse the costs associated with such legal action to ESA on an attorney and own client scale. 
43. NOTICES
    Except as explicitly stated otherwise, any notices shall be given to by e-mail to legal@ucanvirtually.com or the e-mail address you have provided ESA, or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, ESA may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to ESA. 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 may be given via electronic means and that such 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.  
44. GENERAL
    Neither you nor ESA shall be bound by any express, tacit nor implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and ESA in respect of the subject matter hereof. No indulgence or extension of time which either you or ESA may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights. ESA shall be entitled to cede, assign and delegate all or any rights and obligations in terms of these Terms. All provisions of these Terms are, notwithstanding the manner in which they have been grouped together all linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms shall remain in full force and effect. Should ESA be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as ESA is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has first occurred, then ESA shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitous, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities. This Website is controlled, operated and administered by ESA from its offices within the Republic of South Africa. ESA makes no representations that the content of the Website is appropriate or available for use outside of South Africa. Access to the Website from territories or countries where the content of the Website is illegal is prohibited. Users may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. ESA does not guarantee continuous, uninterrupted or secure access to ESA services, as operation of the Website may be interfered with as a result of a number of factors which are outside of ESA’s control. ESA’s failure to act with respect to a breach by you or others does not constitute a waiver of ESA’s right to act with respect to subsequent or similar breaches. You will not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of ESA. The Terms may only be amended by agreement between the User and ESA in writing and signed personally or by an authorised representative of either party.