terms and conditions of use

Updated 02/07/2025

  1. Introduction and Legal Terms

By accessing or using our website, https://emahalak.com/ or any related platform or application (collectively, “the Platform”), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by EmaHalak Technologies.

These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.

Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.

The terms "user", “you" and “your” are used interchangeably in these Terms and accordingly refer to (i) you, as our client; and/or (iii) any secondary users or administrators including employees and any other personnel who access and/or use the Services under your account (the “authorised user(s)”). Accordingly, the terms “us”, “our” or “we” refers to EmaHalak Technologies or our possession.

  1. Our Services

What Our Platform Offers

Our Platform provides software, hardware and embedded system products in the fields of Robotics, Augmented Intelligence, Radio-Frequency Identification (RFID), Mining, Sustainable Energy and African Transportation Networks (“Services”).

To use one or more of the Services, you will need to integrate the applicable API key into your system or database directly to access the Service features and thereby allow us to process and analyse your data and information. You acknowledge and agree that you (and not EmaHalak Technologies) have sole control over which information, or access credentials are provided to us.

Modification to the Services

We may continuously update our Services with new capabilities or offerings or replace and/or discontinue some of the capabilities. You acknowledge and agree that some of the features and capabilities may be experimental and/or offered in limited versions or limited locations. In addition, we may at any time, in our sole discretion add or remove supported features and/or capabilities.

Support and Maintenance

We are not obliged to provide any training, support or technical assistance when using our Services and API. We may provide you with support for the APIs in our sole discretion but are not obliged to do so. For any support we currently provide, we may stop providing such support to you at any time without notice or liability to you.

Machine Learning

We may utilise the information you share with us through API integration to train our software to improve its learning and results. We will however always obtain your prior consent to share your information or database with our software for the purpose of machine learning. When we receive your consent to train our software, you understand and agree that the trained database created therefrom is the intellectual property of EmaHalak Technologies and you as our client shall have no right, title, or interest to our software, its database and outcomes.

  1. Registering with EmaHalak Technologies

Creating an Account:

To use the Services, you must register and open an account through the Platform or as otherwise directed. To complete your account registration, we will require certain information which will include your name, business/company information, e-mail address and password. By providing us with your personal information, you consent to us receiving and processing your data.

We may allow you to invite admin and/or other authorised users to join your account. You and your admin are solely responsible for your any determinations made to designate or not to designate any end user as having or not having any given access or permissions. You acknowledge that if you share the contact information of your employees or independent contractors with us, we may contact them in accordance with these Terms.

API Access Credentials: Once you have created an account with the Platform for a Service you will be given access credentials which includes the necessary security keys and other credentials to access the applicable APIs. Your access credentials enable us to associate your API activity with your account and software developed. All activity that occurs using your access credentials are your responsibility.

Accurate Information: When signing up to our Services you agree to provide accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your account and data. Please update your personal data yourself through your account or contact us to view or change your personal data and accesses provided.

Warranty: By sharing your personal data with us, you warrant that the persons using the Platform have the authority to do so and to act on behalf of a juristic entity. You are responsible for the information you provide, and all the actions taken on the Platform and using any API. Please see our Privacy Policy for more details on how we use and processes personal data.

Unlawful Access: Please let us know if you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorised charges to your account.

  1. Payment Terms

Demo: To understand which of our Services is the best fit for your business, we offer an opportunity to receive a free demo which can be booked at a timeslot that best suits your schedule.

Free Trial: You are welcome to trial our Services using our free trial offering (“Free Trial”). You will not be required to input any billing information to access the Free Trial. Once the trial period concludes we will suspend your account following the activation of a subscription package.

Subscription: To use our Platform, you must subscribe to any one of our available packages. Each package has access to certain Service features All packages are billed monthly from the day you first subscribe, and you will be rebilled on the same day of each following month or year thereafter until you cancel your subscription or change your package. You can cancel your subscription at any time before the next billing date and will continue to have access to the Services until the next billing date, after which you will not be billed again, and your subscription will end.

Payment Methods: We may allow several means of payment from time to time. If we make online payment available through our Services such payment option is facilitated via third party payment service providers or payment gateways that may be integrated and embedded in the Services. If you choose to proceed with an online payment, then you understand that you will be bound by the relevant payment service provider’s terms of use and privacy policy and that you may need to hold, or register, an create an account with such payment service provider. We are not responsible or liable for any activities or conduct of any payment service provider, and you agree to hold us harmless against any and all liability arising from or in connection with your use of any payment functionality and services.

Service Fees: Our fees are available on the Platform and are subject to change at any time in our reasonable discretion. You will be given 30 (thirty) days prior notice where there is a change in the subscription fee charged.

Invoices and Statements: You will receive an invoice for any payments made which are also available in your account.

Limitation of Use: Your right to use our Platform is subject to any limits we or your credit card issuer may establish. If payment cannot be charged to your payment card or a charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your account and access to the Services.

Late payments: Any late payments may bear interest at the rate of 2% per month from the payment due date until it is paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by EmaHalak Technologies in collecting any overdue amounts. If you are late on payment for the Services, we may suspend your access to EmaHalak Technologies or terminate our agreement with you.

Refunds And Returns: Unless otherwise required by applicable laws, EmaHalak Technologies does not refund any fee which has been paid for any package. This also means that we will not return any fee already paid where you terminate your use of the Platform before the paid subscription period has lapsed entirely or where your account has been terminated for violating these Terms.

  1. Responsibilities and Warranties

Platform Responsibilities: by using the Platform and/or the Services, you warrant that -

failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing EmaHalak Technologies to enforce all of our rights in the case of breach, including but not limited to denying you access to the Platform/Services, reporting your actions to an applicable authority or instituting legal proceedings against you.

Connected Devices: The Platform/Services is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform/Services. We do not guarantee that the Platform/Services, or any portion thereof, will function on any particular hardware or device.

Access to Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform/Services where we believe (in our reasonable discretion) that you are in breach of any of these Terms.

  1. Data Processing

We will store and process all data you provide to us when signing up to our Services and through your account when using the Services, in accordance with applicable data protection legislation (including the Protection of Personal Information Act 4 of 2013 (“POPIA”)) and our Privacy Policy.

You hereby grant us, the right to use and process your data, as an operator (as defined under POPIA) for the purpose of providing our Services to you. We will process, store and maintain your data for such period of time necessary to provide our Services to you as our client.

Please see our Privacy Policy for more information on how we process personal data.

  1. Messages and Hyperlinks

Data Messages between You and EmaHalak Technologies

Data messages, including email messages, you send to us will be considered as received only when we acknowledge or respond to these messages.

Data messages we send to you will be regarded as received when the data message enters your email sever inbox and is capable of being retrieved and processed by you.

We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.

Hyperlinks, Deep Links, Framing

The Platform may include links to other websites ("other sites"). We do not own or endorse these other sites and are not responsible for the information, material, products, or services contained on or accessible through these other sites. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.

We do not own the content on any other site which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content.

Your access and use of the other sites remain solely at your own risk and on the terms set by the operator of any other site.

  1. Intellectual Property

Platform IP: All website/software/API layout, website/software/API content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by EmaHalak Technologies, our shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

User submitted IP: All rights to any intellectual property you provide to us and that you create through the integration of an API, will remain with you including all intellectual property rights, but for which you have provided us with a revocable, non-exclusive, non-transferable, fully paid, royalty-free licence to use such intellectual property to provide you with our Services.

Feedback: If you provide us with any suggestions, comments or other feedback relating to our Platform, Services, or company (collectively, “Feedback”), such Feedback is provided ‘as is’ and is and will be deemed as our sole and exclusive property. You hereby irrevocably assign to us all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights you may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you will not provide any Feedback to us which is subject to any third-party rights or any limitations or which you are otherwise precluded from providing to us and shall notify us as soon as you become aware of any third-party right or limitation which may apply to any Feedback already provided by you.

No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform or of EmaHalak Technologies are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.

Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform/Services, or to suspend or terminate the Platform/Services, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).

Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party (“third party IP”) all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions. If there is a conflict between the licensing terms of third-party IP and these Terms, the licensing terms of the third-party IP shall prevail only in connection with the related third party IP. EmaHalak Technologies disclaims all liability related to any third-party components utilised in the Services. You acknowledge that EmaHalak Technologies is not the author, owner or licensor of any third-party IP, and we accordingly make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of third-party IP. Under no circumstances shall the Services or any portion thereof (except in respect of any third party IP contained therein) be deemed to be “open source” or “publicly available” software.

User License: Subject to adherence to the Terms, EmaHalak Technologies grants to you a personal, revocable, non-exclusive, non-assignable, non-transferable, royalty-free license to use and display all content and information on any machine which you are the primary user. However, nothing contained on the Platform/Services or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.

Publicity: You are permitted to publicly state that you are a client of EmaHalak Technologies and to display EmaHalak Technologies branding in connection with your use of the Services. You agree that we may include your company name or branding in a list of EmaHalak Technologies customers, online or in promotional materials and that we may also verbally reference you as a client of EmaHalak Technologies. Any use of a party’s intellectual property and branding will inure to the benefit of the party holding intellectual property rights to such branding. A party may revoke the other party’s right to use its intellectual property under this clause by written notice providing a reasonable notice period within which to stop use of such intellectual property.

  1. Indemnities and Disclaimers

Disclaimers

The Platform and Services, including intellectual property appearing therein, are provided "as is" and "as available". We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Platform or the Services, and those arising from a course of dealing, usage or trade practice. Your use of the Platform is at your sole risk unless otherwise explicitly stated.

All content, information, and/or opinions of users made available on the Platform/Services in relation to any of the Services are those of the authors and not EmaHalak Technologies. While we make every reasonable effort to present such information accurately and reliably, we do not endorse, approve, or certify such information, nor guarantee the accuracy or completeness of such information.

EmaHalak Technologies, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from information made available on (or by means of) the Platform/Services and/or transactions or actions resulting from the Services or Platform.

EmaHalak Technologies, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any data loss, economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Platform/Services in any manner, the reliance upon or use of content, information, opinions or other materials appearing on Platform/Services. You expressly acknowledge and agree that EmaHalak Technologies is not liable or responsible for any defamatory, offensive, or illegal conduct of other users or third parties.

We take reasonable security measures to ensure the safety and integrity of the Platform and Services and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the Platform/Services will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform or Services will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Platform/Services remains solely at your own risk, and you should take your own precautions accordingly.

Indemnities

You indemnify and hold harmless EmaHalak Technologies, its shareholders, directors, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Platform and/or Services or transactions concluded thereby in any way.

You agree to indemnify, defend, and hold EmaHalak Technologies, its shareholders, directors, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your use of the Platform/Services and/or breach of these Terms.

Limitation on Amount of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAY BE HELD LIABLE UNDER THESE TERMS FOR ANY AMOUNT EXCEEDING THE AMOUNT PAID BY A CLIENT TO EMAHALAK TECHNOLOGIES FOR ITS SERVICES DURING THE PRECEDING TWELVE MONTHS.

This clause will survive termination of these Terms.

  1. Dispute Resolution

Negotiation: Should any dispute, disagreement or claim arise between you and EmaHalak Technologies concerning the use of the Platform or the Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

Mediation: Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.

Arbitration: If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by EmaHalak Technologies.

Jurisdiction: Notwithstanding the above, both parties' consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

No publication: The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

  1. Termination of Use

IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR PLATFORM/SERVICES IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.

We may discontinue or suspend the availability of some or all of the Services, may impose certain limits on features and services and/or restrict your access to some or all of the Services at any time for any reason, within our discretion. We will provide you with 30 days’ notice where we discontinue, suspend, or restrict availability to a Service.

Client Termination

If you wish to terminate your agreement with us and these Terms, you may do so by ending your subscription and/or use of our Platform/Services. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.

In the event of termination of your agreement with these Terms we will remove you from the Platform/Services and delete your account and associated data in accordance with our data retention formula and processes.

  1. Notices and Service Address

E ach of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

  1. Company Information

  1. General

Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.

Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned

Change Without Notice: The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

Entire Agreement: This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless published on the Platform.

No Indulgence: No indulgence, leniency or extension of time granted by EmaHalak Technologies shall constitute a waiver of any of EmaHalak Technologies’ rights under these Terms and, accordingly, EmaHalak Technologies shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.

Importation of Words: Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.

Headings as Reference: The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

Governing Law: Your access and/or use of the Platform and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Failure to Pay: In the event of a client failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by EmaHalak Technologies in relation to the payment failure or breach.

Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions above.

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