Introduction

Optimus Capital Holding has created the Loadshedding.com app as a free, ad-supported service. The app and accompanying website (https://www.loadshedding.com) provide information and tools for users to find information about loadshedding. By using the app, website, or any related services, features, or software, you agree to these terms. If you do not agree with these terms, stop using all Loadshedding.com services. Loadshedding.com reserves the right to modify these terms and the latest version will apply each time you use the service. If significant changes are made that affect your obligations or risks, Loadshedding.com will provide a clear notification on the website or app.

Our Services

1. Load Shedding Information: Our top priority is to provide accurate and up-to-date information on load shedding schedules.
2. Third Parties: Loadshedding.com may collaborate with partners, service providers, and affiliated companies to enhance your connection with their services. We use the information we receive from them to improve and operate our services.
3. Service improvement: We analyze how you use Loadshedding.com to continually improve all aspects of our services. Loadshedding.com uses its own information and works with partners, service providers, and affiliated companies to achieve this goal.
4. Safety and Security: We strive to maintain the safety and security of Loadshedding.com by addressing abusive behavior and violations of these terms that come to our attention. We take reasonable steps to prevent misuse of our services, harmful conduct towards others, and violations of our terms and policies. If we become aware of such behavior, we may take action by removing the offending individuals or activities or contacting law enforcement. We may also share information with affiliated companies when we encounter misuse or harmful conduct.
5. Global Accessibility: To provide our services globally, we may need to store and distribute content and information in data centres and systems around the world, which may be located outside your country of residence. These infrastructure components may be owned or operated by our service providers or affiliated companies.

About our services

Registration Requirements: To access our services, you must create a user account through the app and provide accurate information, including your current mobile phone number or email. If you change your information, you must notify us so that we can deactivate your old account. You agree to receive text messages with codes to register for our services. We will use the personal information you provide for registration and in accordance with these terms and our privacy policy.

Age Restrictions: You may only use our services if you meet the minimum age requirement in your jurisdiction, unless you have the consent of your guardian or parent. In The Netherlands, you must be 18 years old to use the services and agree to these terms, or have the consent of your guardian or parent.

Device and Software Requirements: To use our services, you need certain devices, software, and data connections. From time to time, you may also need to manually or automatically download and install updates to continue using our services. You also agree to receive notifications from us via the app as needed to provide you with our services.

Fees and Taxes: You are responsible for paying all carrier data plan fees, internet fees, and any other fees and taxes associated with your use of our services.

Terms of Use for Our Services

Compliance with Terms and Policies: You may only use our services in accordance with these terms, our policies, and applicable laws. Any violation of these terms could result in us taking action against your account, including disabling or suspending it permanently or temporarily. You may not create another account without our permission if this occurs.

Lawful and Appropriate Use: You must only use our services for lawful, authorized, and appropriate purposes. You agree not to use (or assist others in using) our services in ways that:

• Violate, misappropriate, or infringe the rights of Loadshedding.com, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.
• Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage illegal or inappropriate conduct.
• Involve publishing false or misleading statements.
• Impersonate someone.
• Send illegal or impermissible communications, including but not limited to bulk messaging, auto-messaging, and the like.
• Involve any non-personal use of our services.

Harm to Loadshedding.com or our Users: You may not access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our services, systems, our users, or others, including:

• Reversing engineering, altering, modifying, creating derivative works from, decompiling, or extracting code from our services.
• Sending, storing, or transmitting viruses or harmful computer code through or onto our services.
• Attempting to gain unauthorized access to our services or systems.
• Interfering with or disrupting the safety, security, or performance of our services.
• Creating accounts for our services through unauthorized or automated means.
• Collecting information about our users in an impermissible or unauthorized manner.
• Selling, reselling, renting, licensing, or charging for our services in an unauthorized manner.
• Distributing or making our services available over a network where they can be used by multiple devices simultaneously without authorization.
• Creating software or APIs that function similarly to our services and offering them for use by third parties without authorization.

Keeping your Account and Information Secure: You are responsible for keeping your device and Loadshedding.com account secure and must notify us promptly if there is any unauthorized use or security breach of your account or our services. Be cautious about what personal information you post through the app as it may be accessed and used by others in ways not intended by you, despite their obligation not to do so.

Intellectual Property and Licensing

Our Intellectual Property Rights: All intellectual property contained in our services, website, and app belongs to us or our licensors, and you will not obtain any rights to this intellectual property.

Your Rights: Loadshedding.com does not assert ownership over the information you submit for your Loadshedding.com account or through our services. You are fully responsible for all information and content shared with us or through the services and must have the appropriate authorization and rights to share this information. By submitting information for your Loadshedding.com account or through our services, you grant us the rights and license to use this information as outlined in our terms and as intended through our services. You also grant Loadshedding.com a royalty-free, worldwide, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform any information (including content) that you upload, submit, store, send, or receive through our services.

Your License: You are granted a limited, revocable, non-exclusive, and non-transferable license to use our services in accordance with these terms only.

Indemnity

If a third party brings a claim against us due to your actions, use of our services, information shared, or content on Loadshedding.com, you agree to indemnify and hold Loadshedding.com and its shareholders, directors, and employees harmless from all liabilities, damages, losses, and expenses (including reasonable legal fees and costs) related to, arising from, or in any way connected to: (a) your access to or use of our services, including the information provided; (b) your violation of our terms or applicable laws; or (c) any false statements made by you. You must fully cooperate with us in defending or settling any third-party claim.

Exclusion of Liability

The Loadshedding.com app is not associated with Eskom Holdings SOC Limited in any manner. The information provided is accessible to the public and, to the best of our knowledge, reasonably accurate. You acknowledge that the use of any data accessed through the app is at your own risk and we do not accept responsibility for any inaccuracies or mistakes.

We will exercise reasonable care in delivering our services to you and maintaining a safe, secure, and error-free platform. However, we do not guarantee that Loadshedding.com will always operate without disruptions, delays, or imperfections. The use of our services is at your own risk and subject to the disclaimers outlined in these terms. Our services are provided “as is” without any express or implied warranties, including merchantability, suitability for a specific purpose, title, non-infringement, and freedom from computer virus or harmful code. We do not guarantee that the information we provide is accurate, complete, or useful, that our services will be free of errors, secure, or safe, or that they will operate without disruptions, delays, or imperfections. We are not responsible for controlling how or when our users use our services or the features, services, and interfaces they provide. We do not control the actions or information (including content) of our users or other third parties and are not responsible for them. The Loadshedding.com parties (including subsidiaries, affiliates, directors, officers, employees, partners, and agents) exclude any liability for loss, claims, complaints, or causes of action and all damages related to or arising from your use of our services.

Availability and Termination of Services

Service Availability: Our goal is to continuously improve our services, which may result in the addition or removal of certain services, features, functionalities, and support for specific devices and platforms. Service interruptions, including maintenance, repairs, upgrades, or network/equipment failures, may occur. We may discontinue all or part of our services, including specific features and support for certain devices and platforms, at any time without prior notice, and external events such as natural disasters may also impact our services.

Termination: You can terminate your relationship with Loadshedding.com at any time by deleting your account. To do so, please reach out to us to request account deletion. Additionally, we reserve the right to modify, suspend, or terminate your access to or use of our services at any time if we suspect any illegal activity, including fraud, or if we reasonably believe you have violated or are about to violate our terms or applicable laws, or if you pose a potential harm, risk, or legal exposure to us, our users, or others. The following sections of these terms will remain in effect even after termination of your relationship with Loadshedding.com: “Licenses”, “Exclusion of Liability”, “Indemnity”, “Other”, and “Availability and Termination of Services”. If you feel that your account’s termination or suspension was in error, please contact us.

We reserve the right to terminate any or all parts of our services at any time and for any reason.

Third-Party Products or Services

Ads for third-party products and services may appear on our app. We are not the provider of these products or services and cannot be held responsible for the performance of these third parties. Should you choose to access or utilize any third-party products or services or enter into any agreements with a third-party provider, you do so solely at your own risk and are subject to the terms of the third-party provider.

Deleting Your Account and Personal Information

You can request the deletion of your account and any personal information (as defined by laws such as the Protection of Personal Information Act or the GDPR) by reaching out to us at info@loadshedding.com. We will delete your personal information from our records once we receive and confirm your request, with some exceptions. We may not grant your deletion request if the law requires us to retain the information, or if retaining it is necessary for:

Completing a transaction you initiated;

Detecting security incidents, protecting against illegal activities, or reporting to authorities to prosecute those responsible;

Debugging products and fixing errors;

Exercising free speech or enabling others to do so;

Aligning internal uses with your relationship with us;

Complying with a legal obligation;

Making other lawful internal uses that are compatible with the context in which the information was provided.

Other Matters to Consider

These terms constitute the entire agreement between you and us regarding the use of our services, unless otherwise stated in a separate agreement signed by both parties.

We may choose to establish separate terms for certain services in the future, and your use of these services may be subject to additional agreements.

Our services are not meant for distribution or use in countries where doing so would conflict with local laws or regulations. We reserve the right to restrict access to our services in certain countries.

Any changes to or waiver of these terms must be agreed upon by us in writing. You have the option to end your relationship with Loadshedding.com at any time by requesting account deletion.

We may transfer our rights and obligations to any of our affiliates or to a third party in the event of a merger, acquisition, restructuring, or asset sale, and may also transfer your information to any of our affiliates or the new owner. In such a case, these terms will still govern your relationship with the third party. If you do not agree to such a transfer, you may stop using our services by requesting account deletion.

These terms do not restrict us from following the law.
No third-party beneficiary

Other

These terms constitute the entire agreement between you and us regarding Loadshedding.com and its services, replacing any previous agreements, unless stated otherwise in a mutually executed agreement.
We reserve the right to specify in the future that certain services are governed by separate terms, which you may be required to agree to separately.
Our services are not intended for use or distribution in countries where such use or distribution would violate local laws or subject us to any regulations in another country. We reserve the right to restrict our services in any country.

Any changes or waiving of our terms requires our express consent. You may end your relationship with Loadshedding.com at any time by requesting to delete your account.

We may assign our rights and obligations to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law, and transfer your information to any affiliates, successor entities, or new owner. If this occurs, these terms will continue to govern your relationship with the third party. If you do not agree to the assignment, you must stop using our services by requesting to delete your account.

Nothing in our terms will prevent us from complying with the law.
Our terms do not grant any rights to third parties, except as specified herein.

Our failure to enforce any of our terms does not constitute a waiver.
We welcome your feedback or suggestions about Loadshedding.com and its services, but understand that you are under no obligation to provide them, and that we may use your feedback or suggestions without compensating you for them.