Terms & Conditions of Use

STANDARD TERMS AND CONDITIONS
Last updated: 8 May 2024

between: -

EPICMILL (PTY) LIMITED
(Registration No. 2024/071678/07)
14 Glenrion Avenue, Quellerina, Randburg, 1709
(the “Company”)

and

THE USER

BY ACCESSING THE PLATFORM, WEBSITE OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.

1.	Definitions and Interpretation
1.1	In this Agreement, unless the context clearly indicates otherwise, the following words and expressions have the following meanings:
1.1.1	“Agreement” means this document incorporating these terms and conditions together with the Company’s Privacy Policy;
1.1.2	“Company,” “we,” “us,” or “our” means Epicmill (Pty) Ltd (Registration No. 2024/071678/07), duly incorporated as a private company in terms of the company laws of the Republic of South Africa, with its registered address at 14 Glenrion Avenue, Quellerina, Randburg, 1709, South Africa;
1.1.3	“Confidential Information” means all information disclosed by a Party (the “Discloser”) that may reasonably be regarded as confidential, being information not in the public domain whether such information is oral or written, recorded or stored by electronic magnetic, electro-magnetic or other form or process, or otherwise in a machine readable form, translated from the original form, recompiled, made into a compilation, wholly or partially copied, modified, updated or otherwise altered, originated or obtained by, or coming into the possession, custody, control or knowledge of the Discloser, including but without being limited to :- telephone conversations and personal correspondence conducted in confidence; commercially sensitive or proprietary information including trade secrets and know-how; operations, business, and affairs of the Discloser, technical data, research and development information; and any other materials of whatsoever nature and whatsoever description and which the Discloser has an interest in being kept confidential;
1.1.4	“Day(s)” means any weekday excluding Saturday, Sundays and South African public holidays and shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday, or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or a public holiday. Reference to “days” shall be a reference to business days unless otherwise specified;
1.1.5	"Force Majeure Event" means an event or situation beyond the reasonable control of either Party and against which no precautions can reasonably be taken, to the extent that such event or situation prevents, delays, inhibits and/or frustrates a Party's ability to perform its obligations, other than the payment of money, under this Agreement,  including a natural disaster, an act of public enemy, fire, explosion, earthquake, perils of the sea, flood, storm or other adverse weather conditions, war declared or undeclared, revolution, civil commotion or other civil disorder, sabotage, riot, strikes, lock-outs or other labour disputes, pandemic, blockade, embargo, sanctions, epidemics, failure of electricity, internet, water or fuel supply, act of any government or other authority, compliance with law, regulations or demands of any government or governmental agency, limitations imposed by exchange control or foreign investment or other similar regulations;
1.1.6	“Intellectual Property” means patents (including any rights in and/or to, inventions); trademarks, service marks, logos, trade names and business names (including rights in goodwill attached thereto); design rights; rights in or to (or rights in and to) internet domain names and website addresses; semi-conductor topography rights; copyright including future copyright (including but not limited to recordings, instructional or educational material, content, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos); database rights; rights in and to Confidential Information; and all other intellectual property rights, in each case subsisting at any time in any part of the world (whether registered or unregistered) and any: (a) pending applications or rights to apply for registrations of any of these rights that are capable of registration in any country or jurisdiction; and (b) similar or analogous rights to any of these rights in any jurisdiction;
1.1.7	“Parties” means collectively the User and the Company and “Party” means either of them as the context determines;
1.1.8	“Platform” means the Company’s application software that allows Users to use the Services available on the Website,  Android and IOS (Apple and Google) and Huawei application stores.
1.1.9	“Services” means the functions and features offered by us on the Platform, as more set out at clause 3 below;
1.1.10	“Subscription Fees” has the meaning ascribed to it in clause 5 hereunder;
1.1.11	"User”, “you”, or “your” means the person who engages the Company in terms of this Agreement for the rendering of Services to it;
1.1.12	“Website” means the website accessible at the domain www.epicmill.co.za.
1.2	A reference to an enactment is a reference to that enactment as at the date of signature hereof and as amended or re-enacted from time to time;
1.3	The rule of interpretation that a written agreement shall be interpreted against the Party responsible for the drafting or preparation of that agreement shall not apply;
1.4	The eiusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word "including" and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned.
1.5	In this Agreement, unless the context indicates otherwise:
1.5.1	clause headings are for convenience only and shall be disregarded in the interpretation of this Agreement;
1.5.2	words denoting the singular shall include the plural and vice versa;
1.5.3	reference to any one gender shall include the other gender and vice versa; and
1.5.4	reference to a natural person shall include a juristic person and vice versa.
2.	Application of these Terms and Conditions
2.1	Registration is required in order to use the Platform at the “Website, which is owned, operated and distributed by the Company.
2.2	By viewing or interacting digitally with any Platform content, including using the Services or registering an account on the Platform (“Using”), you shall be deemed to have read, understood, and accepted all the terms and conditions described herein, the provisions of our privacy policy accessible at the Website (the “Privacy Policy”) and any other legal notices published by us on our Website, which shall be fully binding on you.
2.3	We may, at our sole discretion, modify the terms of this Agreement at any time. By Using the Platform or Website at any time after such modifications, you are agreeing to such modifications. This Agreement was last modified as of 4 April 2024. We may further make changes to the platform and any of the content or features included therein, including the Fees and access rules for any functionality, at any time without notice.
2.4	We reserve the right to refuse to provide access to the Platform to any person for any reason and/or to discontinue the Services in whole or in part at any time, with or without prior notice.
2.5	The Company is entitled to terminate this Agreement at any time and for whatsoever reason, without penalty, upon 30 (Thirty) days’ written notice to the User.  Save for termination in respect of a breach by the User, upon such termination, the Company shall not refund the balance of the Subscription Fee to the User.
3.	Description of Services Offered on Our Platform
3.1	Our Platform offers the following functionalities related to the television broadcast and film industry (the “Services”):-
3.1.1	the Platform enables Users to, among other things:
3.1.1.1	post crewmember, freelancers and vendor requests;
3.1.1.2	compare portfolios and quotes of crewmembers, freelancers and vendors;
3.1.1.3	organise contact lists of crewmembers, freelancers and vendors;
3.1.1.4	post and view video and demo reels;
3.1.1.5	search for crew, freelancers and vendors by category;
3.1.1.6	post full-time and part-time job listings, and manage and review applicants;
3.1.1.7	create a profile for targeted visibility;
3.1.1.8	post, view and track crew, freelancer and vendor leads;
3.1.1.9	post and view casting notices;
3.1.1.10	manage pre-production and post-production workflows,
3.1.1.11	manage cast and crew members;
3.1.1.12	view their accounts, spending and invoice details for bookings or sales made through the Platform, including balances and invoice details of purchases and authorisations; and
3.1.2	the Platform provides comprehensive access to information about production-related personnel, goods and  services across South Africa and Internationally, including but not limited to aerial, drone videography and photography; equipment sales, dealers and manufacturers; producers and production managers; animation, gaming, graphic design, and digital media; production companies; set design, props, practical special effects, and art departments; lighting and electrics, production vehicles, camera cars and transportation; live events, on-location services and on-set services; set supplies and expendables; audio production and post-services and sound mixers; camera operators and camera crew; software sales, dealers and manufacturers; marketing, advertising and public relations services; stock footage, photos, and music libraries; photographers; camera rentals, equipment rentals and support; studios, sound stages and production facilities; post-production, editors and digital effects services; directors; system design, installation, integration and equipment repair services; equipment rental houses and production equipment rentals; talent, casting and agencies; pre-production services and production support; wardrobe, hair and make-up; professional services; film commissions and general industry resources;
4.	User Account
4.1	In order to Use the Platform, Users must register by providing a unique email address and password, as well as certain information and personal details to the Company.  Alternatively you can register via single-sign-on methods displayed at the registration page. After you have submitted the registration form, you will receive a confirmation email from us, which will allow you to activate your account.
4.2	You agree and acknowledge that, once the correct email address and password relating to your account have been entered, you will be liable for payment of Subscription Fees in terms of clause 5 below. This applies irrespective of whether the use of your email address and password is unauthorised or fraudulent through no fault of the Company.
4.3	Your user account is not transferable to any other person(s) under any circumstances.
4.4	You may upgrade your user account membership as often as you like. The change will only take effect once payment is made through our online payment processor partners. Example PayPal, Payfast etc.
5.	Subscription Fees
5.1	In consideration for your use of the Platform, you are obligated to pay certain fees to the Company (“Subscription Fees”).
5.2	You can find the current prices on the registration page and sometimes on other pages on our website.
5.3	All prices are charged in US dollar and are exclusive of Value-Added Tax (“VAT”) at the rate prescribed under the Value Added Tax Act, No 89 of 1991 and any regulations thereto from time to time (currently 15% (fifteen percent).
5.4	You are solely responsible for all applicable costs, charges and risks incurred in obtaining access to the Platform or  associated with your participation in any component of the Platform.
5.5	We reserve the right to implement discretionary fee changes for our Platform, or any components thereof, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for under this Agreement, any price changes to our Platform will take effect following a notice posted on the website, and further provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.
6.	Payments
6.1	You shall pay the Subscription Fee after a 7 day free access trial period has elapsed and:-
6.1.1	each year on the anniversary of that date; or
6.1.2	monthly in advance.
6.2	The annual or monthly Subscription Fee, whichever is applicable, will not be debited automatically by the Company in terms of this Agreement.
6.3	The Company accepts all payments via a payment processor like PayPal in US Dollar, regardless of the location of the User. The Company is not responsible for foreign currency conversion fees, wiring fees, or any other processing fees that you may incur.
6.4	All payments to us shall be paid promptly without deferment, free of exchange and without any deduction or set-off of whatsoever nature.
6.5	We may require additional information in order to authorise and/or verify the validity of payment. We are entitled to withhold our Services until such time as we receive this information and we obtain authorisation for these amounts, failing which we will freeze your user account.
6.6	We reserve the right not to accept certain payment methods and to require alternative payment methods.
6.7	The User acknowledges and accepts that: (i) all payments made to the Company shall only be deemed to have been received by the Company when payment is actually received as cleared funds by the Company; (ii) payments made directly into the Company’s bank account shall be at the User’s risk until confirmed as cleared funds by the Company; and (iii)  unless otherwise specifically directed in writing by an authorised representative of  the Company, no third party is authorised to accept any payment due by the User on behalf of the Company.
6.8	The Company shall never notify the User of a change in its banking details via email without first telephoning the User regarding such change. It is the obligation of the User to verify any purported (by way of email) change in the Company’s banking details by telephoning the Company.
7.	Third Parties
7.1	For your convenience, the Platform may list a variety of links to other websites, not operated by the Company, where you can obtain information on specific equipment manufacturers and their products, service providers and their personnel, or any other vendors, crewmembers and/or freelancers. While the Company encourages you to consult such websites, the Company cannot guarantee nor be responsible for the prices, terms, quality, reliability or performance of the products or services provided by these vendors, nor will it be held liable for any damage caused by the use of such external third party websites.
7.2	Those who offer products and services through the Platform should be prepared to provide the product or service they advertise at the price(s) at which, and the terms of which, they advertise them. To list any product or service on the Platform, sellers are required to provide certain identifying and contact information. The information should accurately identify the seller and the method of contact should permit buyers to communicate directly with the seller without any alteration to the content of their communications. However, products or services placed on the Platform should not be considered in compliance with the above requirements and the Company cannot guarantee nor be responsible for the prices, terms, quality, reliability or performance of the products or services provided by these individuals.
7.3	The rules, regulations, policies, terms and conditions, including in respect of cancellations, terminations, returns and refunds, for the renting, buying or selling of equipment, or the appointment or hire of service providers, vendors, freelancers, crewmembers or other personnel may be indicated on the relevant search results on the Platform and may vary between these third parties. The Platform merely acts as a facilitator between the buyer and these third parties, and the User understands and agrees that they shall be bound by the relevant third party’s rules, regulations, policies, terms and conditions and that the Company shall not be held liable for any breach by the third party or by the User as contemplated in this clause.
7.4	Goods posted for sale, services listed by service providers, and/or vendors, freelancers, crewmembers or other such personnel advertised on the Platform are subject to availability.
8.	User Submissions
8.1	Content submitted by Users for inclusion in the Platform (including, without limitation, any information, comments, your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, lead requests, search directory profiles, job listings, equipment listings, newsstand, calendar events, and any other identifying information that is submitted on message boards, forums or other public areas) is referred to in this Agreement as “User Submissions.” Whether or not any User Submission is published, it will be subject to the terms of this Agreement.
8.2	You hereby grant to the Company, its licensees, affiliates, successors and assignee, a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, modify, distribute, transmit, create derivative works of, publicly display and publicly perform, any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to the Company by all means and in any media now known or hereafter developed. You also grant to the Company the right to use your name and/or likeness in connection with the User Submissions and to incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed, including in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no claim against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Company.
8.3	The Company does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them.
8.4	Except as expressly set forth in this Agreement, you shall continue to own all rights in and to the User Submissions, save to the extent your User Submissions contain other materials or elements owned by the Company or any other person.
8.5	We neither endorse nor assume any liability for the contents of any User Submission. User Submissions do not reflect the views of the Company, and neither the Company nor its officers, directors, employees, subsidiaries and/or affiliates shall be liable for any User Submissions.
8.6	We and our agents have the right at our sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these terms and conditions and any other rules of user conduct for the Platform, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or that of another user. Your participation in the Platform is at your sole risk. The Company is not involved in, or liable for, the actions of any other Users of the Platform. We request that Users exercise caution and good judgment when Using the Platform.
8.7	You understand that by using the Platform, you may be exposed to User Submissions that are offensive, indecent, or objectionable.
9.	Confidentiality
9.1	Each Party agrees to treat as strictly confidential the Confidential Information of the other Party and not to divulge any information relating thereto to any third party, agent or employee without the prior written consent of the other Party, save as is required by law.
9.2	Each Party furthermore undertakes not to use, disclose, divulge or permit to be used, disclosed or divulged any aspect of such Confidential Information otherwise than is allowed for under the terms of this Agreement.
9.3	Neither Party shall during the continuance of this Agreement or at any time after termination for any cause whatsoever, for its own benefit or for the benefit of any other person, make use of or derive any profit or benefit from any of the Confidential Information and Intellectual Property relating to the operations of the other Party which it may have acquired by reason of its association with such other Party.
9.4	Each Party acknowledges that the unauthorised disclosure of the other Party’s Confidential Information to a third party may cause irreparable loss, harm and damage to the that Party. Accordingly, the disclosing Party indemnifies and holds the other Party harmless against any loss, action, expense, claim, harm or damage of whatsoever nature suffered by or sustained by the other Party pursuant to the breach of the provisions of this clause.
9.5	Any Confidential Information which is disclosed by either Party shall not be copied, reproduced, published or circulated and shall be surrendered to the disclosing Party upon demand.
9.6	We will exercise proper internal controls over all documentation containing Confidential Information and will not make copies of any Confidential Information except as may be required for the purposes of this Agreement.
9.7	Notwithstanding this clause, information will be deemed not to be Confidential Information if it -:
9.7.1	is or becomes generally available to the public other than as a result of disclosure by us in breach of this clause;
9.7.2	is or was independently developed by us or on our behalf by persons having no access to such confidential information;
9.7.3	was in our possession prior to commencement of this Agreement;
9.7.4	is required to be disclosed in terms of any law or under an order of court or under the rules of any stock exchange or other applicable regulatory authority, in which case we will give you reasonable written notice thereof as soon as is reasonably practicable.
9.7.5	The onus of proving the facts necessary to sustain any one of the exceptions listed above rests with the Party relying on the exception.
9.8	All confidential information will remain confidential, except in the following circumstances:
9.8.1	if a Party grants express written permission for confidentiality to be broken; or
9.8.2	if the information is of a nature that confidentiality cannot reasonably be maintained, including but not limited to the following circumstances:-
9.8.2.1	the imminent possibility of harm to yourself or others exists;
9.8.2.2	in cases of suspected fraud or other crime; or
9.8.2.3	when a minor (under 18 years of age) is involved.
9.9	The provisions of this clause will survive the termination of this Agreement.
10.	Intellectual Property
10.1	For the purpose of this clause, “Improvements” means enhancements, developments, adaptations and/or modifications made to the pre-existing Intellectual Property owned by the Company prior to the commencement date of this Agreement.
10.2	Any and all Intellectual Property owned, developed, or acquired by the Company prior to the commencement of this Agreement shall remain the sole and exclusive property of the Company, its affiliates and/or other third party licensors and any and all rights of the User in terms of this Agreement shall be subject to the Company’s Intellectual Property rights. Unless otherwise specifically authorised in this Agreement or in writing by the Company and then only to the extent so authorised, the User shall have no right to use the Company’s Intellectual Property in any manner.
10.3	Any Intellectual Property made, created, or discovered by either Party in the course and scope of this Agreement in connection with or relating to the business of the Company, or any Improvements to the Intellectual Property of the Company, shall be deemed to belong, and is hereby irrevocably assigned, to the Company.
10.4	In respect of the Improvements contemplated above, the User hereby undertakes to assist the Company in taking assignment of and applying for the registration, where relevant, of such inventions, designs, trade marks, copyrighted works, or other intellectual property in the name of the Company only.
10.5	To the extent that there are any components of the User’s Intellectual Property Rights included in the Services, the User herewith unconditionally and irrevocably grants to the Company, a royalty-free, worldwide, perpetual, non-exclusive, non-transferable license to use such Intellectual Property solely in connection with such Services.
10.6	You may view, stream, print and download portions of the Company’s Intellectual Property from the Platform solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material, and not to share, modify, reproduce, lend, republish, distribute, upload, copy, sell or transmit same in any manner under any circumstances.
10.7	You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Platform in a manner not authorized by the Company in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Platform, in any manner and any quantities not authorized by the Company in writing. You may not frame or utilize framing techniques to enclose Intellectual Property of the Company or its affiliates. You may not use meta tags or any other “hidden text” utilizing the Company’s Intellectual Property without the express written consent of the Company.
10.8	The provisions of this clause shall survive termination of this Agreement.
11.	Obligations of Users
11.1	When you Use the Platform, you agree that:
11.1.1	In order to use the Platform, you are obliged to independently provide equipment that meets the technical requirements for the use of the Platform and access to the Internet to enable you to sign into the Platform. Your device must be a compatible device in order to access and use the Platform;
11.1.2	you will accept and abide by all of the terms and conditions contained herein;
11.1.3	you will not take any actions to interfere with us, the Platform and/or any other Users;
11.1.4	you will conduct yourself respectfully and honestly in all correspondence with us, listed vendors, crew members, freelancers, buyers, sellers, service providers and/or other Users. You may not use the Platform to threaten, abuse, harass, or invade the privacy of any third party;
11.1.5	you will provide the Company with accurate, complete, and up-to-date information at all times now or in future;
11.1.6	you will not submit fraudulent, dishonest, incorrect or inaccurate information using the Platform;
11.1.7	you will not use anyone else’s user account details to log in;
11.1.8	you will make timely payments to the Company in accordance with this Agreement and specified payment due dates. The User shall ensure that all payments are made in the correct currency, into the correct bank account, and in the manner agreed upon between the Parties;
11.1.9	you will comply with all of your obligations under this Agreement, and all applicable laws including relevant statutes, ordinances, by-laws and regulations having any bearing on the Agreement. You may not use the Platform or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability;
11.1.10	you will not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the Intellectual Property or confidentiality rights of the Company or any third party;
11.1.11	you will not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, defamatory, insulting, obscene, pornographic, profane, racist, indecent, immoral, anti-Semitic, homophobic and transphobic, discriminatory, offensive to human dignity, that glorifies, trivialises or encourages violence, that is threatening, endangers children and youths, or otherwise inappropriate information of any kind, including without limitation, any images or other material of a sexual nature.
11.1.12	you will not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Platform, or to obtain unauthorized access to the Platform or any data or other information of any third party;
11.1.13	you will not attempt to gain unauthorized access to other computer systems or networks connected to the Platform or Use the Platform or any information contained therein for any unlawful purpose.
11.1.14	you will not collect information about other users in violation of our Privacy Policy or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation;
11.1.15	you will not impersonate or falsely state or otherwise misrepresent your professional or other affiliation with the Company or with any other person or entity;
11.2	The Company, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your Use of the Platform in any way violates these provisions.
12.	Force Majeure
12.1	Neither Party will be liable to the other for any default or delay in the performance of its obligations under this Agreement if and to the extent that such default or delay is caused by a Force Majeure Event.
12.2	Following a Force Majeure Event, the non-performing Party will:- (i) notify the other Party as soon as reasonably possible; (ii) be excused from further performance or observance of its obligation(s) so affected for so long as such circumstances prevail; and (iii) such Party will continue to co-operate with the other Party in implementing such contingency measures as that other Party may reasonably require.
12.3	If the Force Majeure Event continues for more than twenty (20) consecutive days, either Party may terminate the Agreement either in whole or in part by providing the other Party written notice which shall have immediate effect. In the case of a termination in part, there shall be an equitable adjustment of the Company’s Subscription Fees, and the Parties will be required to satisfy their obligations up to the date of such termination.
12.4	You understand and agree that temporary interruptions of the Platform may occur, whether due to planned maintenance or unforeseen events.
13.	Privacy Policy
13.1	The Parties shall abide by the Company’s Privacy Policy, which is incorporated herein by reference.
13.2	Your password shall be encrypted.
13.3	You agree that we may send you push notifications or other communications based on your User Account information, including your location. Examples of these communications include, but are not limited to, information about support services or updates to the Platform. You can adjust the settings of your device to turn off transmission of location data or to stop push notifications at any time. If you do this, you understand that you may not receive the full benefit of all functionalities of the Platform.
13.4	You understand and agree that when you use our location-enabled Services, we may collect and process information about your actual location. Some of the Services require your location information for the feature to work. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location will be tracked and may be shared with others consistent with our Privacy Policy.
13.5	We reserve the right to send you operational messaging relating to the features and/or functionality of your user account by whatever medium we deem appropriate.
13.6	You hereby consent and agree that the Company may carry out credit enquiries and may submit details to credit bureaus in respect of your payment history in terms of this Agreement, and in the event that you fail to meet your payment obligations, that the Company may record your non-performance with the applicable credit bureaus.
14.	Waivers And Indemnities
14.1	Provisions of the Consumer Protection Act 2008 may have an impact on the User with respect to various exclusions of the Company’s liability under this Agreement. The User shall familiarize itself with these provisions, in particular, those clauses that are in bold.
14.2	Under no circumstances shall the Company, its directors, officers, agents, affiliates or employees be liable towards the User or any other person for any claims, demands, liabilities, suits, losses, costs, illness, injury, death, harm or expenses (including attorneys’ fees on an attorney-own client scale) of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or in relation to this Agreement and your participation in any part of the Platform, including but not limited to special, indirect or consequential damages. This disclaimer shall apply to the widest extent permissible under law in favour of the Company.
14.3	The User agrees, understands and intends that this assumption of risk and release is binding upon him/her/them and his/her/their heirs, executors, agents, administrators and assigns.
14.4	The User agrees to indemnify and hold the Company, its officers, directors, employees, agents, and affiliates, harmless from and against any losses, suits, claims, liabilities, damage (including indirect, special and consequential damages), harm or expenses (including attorney’s fees on an attorney-own client scale) arising out of or related to the User’s Use of the Platform or the User's breach of its obligations under the Agreement.
14.5	Except for actions or claims arising from the gross negligence or intentional or wilful misconduct of the Company, the total aggregate liability of the Company to the User shall be limited to no more than the Subscription Fees paid to the Company for the use of the Platform during the 6 (six) months immediately preceding the event for which damages are claimed.
14.6	These waivers and indemnities shall survive termination of this Agreement.
15.	Support Services
15.1	We provide support services for the Platform.  Please contact us by clicking the relevant link in the Platform or reviewing the Frequently Asked Questions if you need support. You acknowledge that not all issues you may experience with the Platform will be able to be resolved with our support services, as some issues relate to your device or your data service. You will need to contact your device manufacturer or telecommunications provider for any issue with your device or data service.
15.2	Alternatively, Company personnel will be available to assist Users with any queries. You can contact us on business days between the hours of 08h00 to 17h00 SAST and email support within 48 hours at:-
Email:support@epicmill.co.za
16.	Termination, Cancellations and Suspension of User Account
16.1	We reserve the right, at our sole election, to:-
16.1.1	limit the number of Users on the Platform;
16.1.2	exclude you from participating in certain Platform functionalities;
16.1.3	withdraw any Service;
16.1.4	reject, remove, cancel, interrupt, or discard, any User Submissions or information stored, sent, or received via the Platform;.
16.1.5	delete, suspend or terminate your user account or the Platform or any part thereof and/or your Use of the Services, in whole or in part;
without prior notice, at any time for any reason, including if we deem, in our sole judgment and absolute discretion, that you have engaged in behaviour that violates any part of this Agreement.
16.2	The Company is not liable for any damages as a result of any of these actions.
16.3	You may cancel your user account registration at any time for any reason whatsoever.
16.4	If you delete the Platform’s software application, this may not cancel your user account. You must cancel your user account by contacting our support services at support@epicmill.co.za and requesting account de-activation and deletion. A support agent will guide you through the rest of the process. The Company is not responsible for refunding you any Subscription Fees if you fail to cancel your user account properly. You understand that your user account will continue unless and until you cancel your user account, or your account is otherwise suspended or terminated pursuant to the terms and conditions in this Agreement. If you do not cancel the user account, or if your user account is not terminated by us, the Subscription will remain active until the Subscription runs to full term and expires naturally.
17.	Warranties
17.1	You agree and warrant and declare that
17.1.1	your email address and password used to access the Platform shall:
17.1.1.1	be used for personal use only; and
17.1.1.2	not be disclosed by you to any third party.
17.1.2	you are at least 18 (eighteen) years of age and can enter into legally binding contracts;
17.1.3	you have the appropriate and necessary authority to enter into this Agreement.
17.1.4	you will not create a user account for anyone other than yourself without our permission;
17.1.5	all information provided by you is true, accurate, complete and up to date;
17.1.6	you will continue to update your information in the future at any time that it may change; and
17.1.7	you will respect and not infringe upon the Company's or any other party’s Intellectual Property, and you will not use, reproduce, modify, or distribute the Company's Intellectual Property without prior written consent, and you hereby indemnify and hold harmless the Company against any loss, damages or expense sustained by the Company as a consequence of any breach of this warranty;
17.1.8	you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize the Company to use the User Submissions in the manner contemplated herein;
17.1.9	there are no circumstances, facts or reasons which are known, or ought to be known by the User, which should have been disclosed to the Company and which would have influenced the Company’s decision to enter into this Agreement; and
17.1.10	you are fully authorised to use the payment method supplied, and that your debit card/credit card has sufficient available funds to cover all the costs incurred as a result of the Services used on the Platform.
18.	Disclaimer of Warranties
18.1	THE PLATFORM AND ALL MATERIALS AND CONTENT INCLUDED THEREIN, WRITTEN OR VERBAL, WHETHER NOW OR IN FUTURE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM AND SUCH CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE PLATFORM AND SUCH CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OF SUCH CONTENT WILL BE EFFECTIVE, ACCURATE, COMPLETE OR RELIABLE.
18.2	The profiles that appear on the Platform and/or the Website are for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services listed on the Platform and/or Website, it is your responsibility to confirm any relevant information with the vendor.
18.3	To the fullest extent permissible by law, neither we, our suppliers, vendors, respective employees, officers, directors, agents, affiliates, licensors, co-branders, or partners, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Platform or the Website or any functionality thereof, or of any linked website.
19.	Indemnification
19.1	Upon a request by us, you agree to defend, indemnify, and hold us and any affiliated parties, including but not limited to directors, employees and agents, harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of this Agreement, or other negligent or wrongful conduct.
19.2	We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
20.	Breach
20.1	Without detracting from either Party’s rights in terms of this Agreement, should a Party commit a breach of this Agreement and fail to remedy such breach within 7 (Seven) calendar days of written notice requiring such breach to be remedied, then the Party giving the notice shall be entitled, at its opinion, either to cancel the Agreement and claim damages, alternatively to claim specific performance of all the defaulting Party's obligations, together with damages, if any. No Party shall be liable in any instance for special damages for any reason whatsoever.
20.2	The Company shall be entitled to suspend the provision of any Services for the duration that the User is in breach of any terms of this Agreement.
20.3	Termination, suspension, or cancellation of the terms and conditions of this Agreement or your access rights to the Platform shall not prejudice any rights to which the Company may be entitled.
20.4	Any liability of the Company, in the aggregate, shall not exceed the Subscription Fees paid by you for the right to Use the Platform.
21.	Domicilium
21.1	The Parties choose their addresses below as the addresses at which they will receive all notices and communications:
The Company: 	Address:	 14 Glenrion Avenue, Quellerina, Randburg, 1709
			Email:	accounts@epicmill.co.za
			Tel: 	0832987667
User:		the physical and email address selected by you upon registering a User account on the Platform;
21.2	Any notice or other communication to be given to any of the Parties shall be valid and effective only if it is given in writing. It shall be competent to give notice by email.
21.3	Either Party may change such address on
21.4	written notice to the other party provided that the new domicilium is within the Republic of South Africa and consists of, or includes, a physical address at which process can be served.
21.5	Any notice:
21.5.1	delivered by hand to a responsible person during ordinary business hours at the other Party’s domicilium, shall be deemed to have been received (unless the contrary is proved) on the day of delivery;
21.5.2	sent by email to the other Party’s chosen email address, shall be deemed to have been received (unless the contrary is proved) on the date and at the time of dispatch if it is transmitted during normal business hours of the receiving Party, or on the next business day after it is transmitted, if it is transmitted outside the business hours.
21.6	Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by either party shall be an adequate written notice or communication, notwithstanding that it was not sent to or delivered at the party’s chosen domicilium.
22.	Miscellaneous
22.1	Communication: most communication between the Company and you will be sent and received electronically. You agree that all electronic communication between the Company and you shall satisfy any legal requirements that such communications be in writing.
22.2	Reserved Rights: Any rights of the Company not expressly granted herein are reserved.
22.3	Concerns and Complaints: should you have a concern or complaint regarding the Platform, you agree that you shall first discuss this with us directly, who will endeavour to the best of our reasonable ability to resolve the issue.
22.4	Jurisdiction: you consent to the non-exclusive jurisdiction of the High Court of competent jurisdiction in South Africa for any proceedings arising out of or in connection with this Agreement.
22.5	Severability: if any provision or part of a provision of this Agreement is rendered void, illegal or unenforceable in any respect such provision shall be severable and the validity, legality, and enforceability of the remaining provisions of this Agreement shall remain in full force and effect.
22.6	Non-waiver: no indulgence, leniency, or extension of time which we may grant or show to you, shall in any way prejudice our rights in terms of this Agreement.
22.7	Costs: you shall be liable for any and all legal costs incurred by us in enforcing the terms of this Agreement, or in the case of any unsuccessful claims by you against us, including but not limited to collection commission and fees and disbursements (including attorney-own client costs).
22.8	Governing Law: this Agreement shall be governed and determined in accordance with the laws of the Republic of South Africa.
22.9	Whole Agreement and Variation: the Company may, in its sole discretion, amend any of this Agreement at any time without notice to you. It is your responsibility to regularly check the terms and conditions herein. This Agreement, together with the Company’s Privacy Policy, contain the whole agreement between you and the Company and no other warranty, undertaking, variation or waiver is valid. If you Use the Platform or Website after such amended terms and conditions have been displayed thereon, you will be deemed to have accepted such changes.
22.10	Third-Party supplier: The Company will under no circumstances be held responsible or liable for any act, error, or omission, or any injury, loss, damage, accident, delay, any additional costs or irregularity which may be occasioned through the negligence, misconduct or breach of any supplier to the Company. Your correspondence or dealings with, or participation in promotions of, third party suppliers found on or through the Platform or Website, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such supplier. You understand and agree that we have no control over third party networks you may access whilst Using the Platform, and therefore, delays and disruption of such other network transmissions are completely beyond our control.
22.11	Relationship: The Parties agree that the Company is an independent contracting party and that the Agreement does not constitute a contract of agency, representation, employment, or partnership between the User, Company and/or any third-party supplier.
22.12	Survival: Any provision of this Agreement which contemplates performance or observance subsequent to any termination or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.
22.13	Good faith: In the implementation of this Agreement, the Parties undertake to observe the utmost good faith and they warrant that in their dealings with each other that they shall neither do anything nor refrain from doing anything which might prejudice or detract from their rights, assets or interests of the other.

PRIVACY POLICY
Last updated: 08 May 2024

PLEASE READ OUR PRIVACY POLICY BEFORE BROWSING THIS WEBSITE OR USING ANY OF OUR SERVICES. YOUR CONTINUED USE OF THIS WEBSITE AND OUR SERVICES INDICATES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS LISTED HEREIN.

What is this Privacy Policy for?
This Privacy Policy describes how Epicmill (Pty) Limited, collects, uses, discloses and protects the Personal Information of users (“you’ or “users”) of our website www.epicmill.co.za owned by EpicMill (Pty) Limited, Registration Number: 2024/071678/07, having its registered address at 14 Glenrion Avenue, Quellerina, Randburg, 1709.
We are committed to respecting your privacy and protecting your Personal Information. Please read this Privacy Policy to understand how your information will be collected, used, processed, stored, disclosed, protected, or otherwise handled, and further to understand the choices and rights that you as the Data Subject have with respect to your Personal Information.
This Privacy Policy complies with, and facilitates the obligations required under, the European Commission’s General Data Protection Regulation, 2016/679, the UK General Data Protection Regulations and the South African Protection of Personal Information Act No. 4 of 2013, as amended (“POPIA”).
1.	Key Definitions
1.1.	Consent whether expressed orally or in writing, or implied from the conduct of the consenting party, refers to voluntary agreement to some act, practice or purpose of which a consenting party has knowledge;
1.2.	Data Subject refers to the person (natural or juristic, where applicable) to whom the Personal Information relates;
1.3.	GDPR means the European Commission’s General Data Protection Regulation, 2016/679;
1.4.	Minor refers to a person under the age of 18 (Eighteen) and/or a person who is unable to appreciate the contents of this Privacy Policy;
1.5.	Operator refers to a person who Processes Personal Information for a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that party;
1.6.	‘Our', 'us', 'we' or 'company' refers to Epicmill (Pty) Limited (“Epicmill”);
1.7.	Personal Information refers to information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Such information can be used on its own or with other information to identify, contact, or locate a single person or juristic entity, or to identify an individual in context. For the purposes of this Privacy Policy, Personal Information will be understood in accordance with the definition provided in POPIA;
1.8.	POPIA means Protection of Personal Information Act 4 of 2013, as amended from time to time;
1.9.	Privacy Policy means this document and any updates thereto;
1.10.	Process includes collecting, receiving, recording, organising, collating, storing, updating, modifying, retrieving, altering, consulting or using, disseminating, distributing or making available and merging, linking, blocking, degrading, erasing, or destroying Personal Information. Processing of Personal Information is also performed to comply with applicable laws;
1.11.	Responsible Party refers to a natural and legal person, public authority, agency or other body which, alone or jointly, with others, determines the purposes and means of the Processing of Personal Information;
1.12.	UK General Data Protection Regulations  means the UK general data protection regulations found in the United Kingdom Data Protection Act 2018 (DPA 2018);
1.13.	Users means You;
1.14.	You or “you” includes all current, prospective, present and past Epicmill stakeholders to which this Privacy Policy applies, including, but not limited to: -
1.14.1.	Visitors/ Users of our website at https://www.Epicmill.co.za;
1.14.2.	employees (including permanent or temporary employees or contractors);
1.14.3.	clients/ customers or prospective clients/ customers;
1.14.4.	third parties; and
1.14.5.	investors.
2.	Introduction
2.1.	Personal Information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide You with further services or to answer or forward any requests or enquiries. It is our intention that this Privacy Policy will protect your Personal Information from being dealt with in any way that is inconsistent with applicable privacy laws in South Africa.
2.2.	In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take appropriate and reasonable technical and organisational steps to prevent unauthorised access to, or disclosure of, your Personal Information.
2.3.	By continuing to use this website you agree that we may “collect, collate, Process and/or store” your Personal Information (as defined in POPIA) for, amongst other things: -
2.3.1.	the purposes of providing you with access to the website and the website content; and
2.3.2.	any of the purposes provided for herein.
2.4.	Copies of correspondence sent from our website that may contain Personal Information are stored as archives for record-keeping and back-up purposes only.
2.5.	Where there are reasonable grounds to believe that your Personal Information has been accessed or acquired by any unauthorised person, we will notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs us that notifying you will impede a criminal investigation.
2.6.	When We notify you that your Personal Information has been accessed or acquired, we will provide you with sufficient information to allow You to take protective measures against the potential consequences of the compromise.
2.7.	We reserve the right to modify, add or remove certain sections of this Privacy Policy and we encourage you to visit this Privacy Policy on a continuous basis to familiarise yourself with this Privacy Policy.
3.	When will we process your Personal Information
3.1.	While visiting our website, you may be requested to provide certain Personal Information in order to enable you to take full advantage of our services, which identifies you as an individual (including, but not limited to, your name and contact details). Such information may be collected in the following instances:
3.1.1.	on registration and/or logging on to our portal, we will collect information about your online identifiers including your username and password to authenticate your access into the system (registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information. You may access this information at any time by logging in and going to your account);
3.1.2.	when you submit an enquiry form, we may request mandatory identifying information (including your name, email address and phone number);
3.1.3.	when you submit any information via our website, email address or via a call to our telephone number; and
3.1.4.	when you browse the website.
3.2.	You acknowledge that all Personal Information Processed by us may be stored by us and used for any of the purposes listed below.
4.	Third Party disclosure of your Personal Information
4.1.	We treat all your Personal Information as confidential. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless expressly requested by the Data Subject. We will therefore not disclose your Personal Information to any third party except as provided in this Privacy Policy.
4.2.	Personal Information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose Personal Information when we believe in good faith that the law requires disclosure.
4.3.	You consent that we may disclose your Personal Information to approved third party providers (as referred to below in 4.4.1) where necessary to give effect to a contract with you, where required by law, or where we have a legitimate interest in doing so.
4.4.	You agree that your Personal Information may be shared under the following circumstances:
4.4.1.	to our agents, our website hosting and software development partners, advisers, service providers and suppliers (our Search Engine Optimization agency, creative, brand, digital and media agencies) Microsoft, Google and other research agents, as well as other third-party service providers who assist us with operating this website;
4.4.2.	to monitor web traffic - web servers serving the website automatically collect information about pages you visit. This information is used for internal review, to tailor information to individual visitors and for traffic audits;
4.4.3.	for purposes of research, analytics and compilation of statistics - we may perform statistical analyses in order to measure interest in the various areas of the website (for product and service development purposes). We may disclose anonymous statistics regarding the number of visitors to our site or the origin of site users. This is purely for marketing/advertising purposes so we can collate statistics regarding how traffic enters our site. The information you provide EpicMill may also be used for marketing purposes;
4.4.4.	we may share non-personally identifiable information with third parties for any number of reasons, including advertising, promotional and/or other purposes;
4.4.5.	to government and law enforcement agencies, where the law requires that we disclose your Personal Information to a party, and where we have reason to believe that a disclosure of Personal Information is necessary to identify, contact or bring legal action against a party who may be in breach of the Privacy Policy or may be causing injury to, or interference with (either intentionally or unintentionally), our rights or property, other users, or anyone else that could be harmed by such activities; and
4.4.6.	third parties as required by law, including but not limited to regulators as law or governmental audit requires, or law enforcement as subpoena or court order requires.
4.5.	We may also release information when its release is appropriate to enforce our site policies, where we believe such action is necessary in order to protect or defend our rights, interests or property or the rights, interests or property of our clients or users of our sites.
4.6.	Should there be a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of our company, we may transfer your Personal Information to third parties involved in the sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation. By providing any Personal Information to us, you fully understand and clearly consent to the fact that we may transfer such Personal Information in these cases. When we share Personal Information with these third parties, we will require them to honour this Privacy Policy, to the full extent required by applicable law.
4.7.	Where we have been contracted by another company, we bring it to your attention that in this instance, that company is the Responsible Party. In such circumstances, we are not the entity responsible for making decisions regarding your Personal Information, but instead, as the Operator, we are rendering services to the Responsible Party. In this instance, please refer to the Responsible Party’s respective privacy policy regarding how your Personal Information is Processed and who it may be shared with such as timekeepers, sponsors or otherwise.
4.8.	We may need to use different service providers from time to time. We will enter into written agreements with such third parties to ensure that they comply with the obligations included in the Privacy Policy and that they implement all the necessary security measures to ensure adequate protection of the data. In these instances, such service providers act as the Operator in respect of your Personal Information.
4.9.	In the event that we should change upstream service providers that are involved in providing you with the services, or where we may need to hire additional companies to provide the services, you have the right to reasonably oppose such an appointment. Such opposition shall be addressed on a case-by-case basis in accordance with the appropriate data protection regulation.
4.10.	We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk. At your request and expense and taking into account the nature of Processing and the information available to us, we shall reasonably assist you in compliance with the security obligations set forth by data protection regulation.
4.11.	A list of our sub processors (and their respective processing regions) may be made available on reasonable request.
4.12.	Upon termination of our services, we will delete your Personal Information, unless otherwise required for a statutory requirement or as per the retention periods set out in this Privacy Policy or within contractual agreements with Responsible Parties.
5.	What types of Personal Information will we Process
5.1.	When visiting our sites, as appropriate, you may be asked to enter your name, email address, phone number, and / or other details to help you with your experience. The further types of Personal Information that we may Process includes information necessary for our legitimate business interest and the categories of Personal Information defined in POPIA. This may include (amongst other things):
5.1.1.	personally identifiable information about you if you voluntarily submit such information to Epicmill. Personally identifiable information, may include your name, email address, physical address and other information that specifically identifies you and the pages of the website viewed by you;
5.1.2.	automatically collected data and information (through cookies, described below, and other methods). Epicmill may store aggregate or anonymous information about user contact with, and use of, the website. Examples of this type of information include demographic information, the type of internet browser you are using, the type of computer operating system application software and peripherals you are using, the domain name of the website from which you linked to our website and your browsing habits on, and usage, of the website; and
5.1.3.	non-personally identifiable information may also include personally identifiable information that has been aggregated so that no one individual is specifically identifiable (such as, how many users in a particular city access the website).
5.2.	We will limit the types of Personal Information we Process to only that to which you consent, and which is necessary for our legitimate business interests.
5.3.	We will Process your data when we need to render a service to you.
5.4.	Credit Card details are only stored for the processing of payment and will be deleted once payment is processed.
5.5.	We make use of service providers to process all payments via Credit Card. By electing to enter into such transaction you agree to abide by the service provider’s terms and conditions and to hold us harmless and indemnify us for any loss or damage which may be caused by the negligence or error of the service provider.
6.	How will we Process your Personal Information?
6.1.	We will only use the information you provide for our legitimate business purposes.
6.2.	We may share your personally identifiable information with companies that are holding companies and affiliates of EpicMill, including but not limited to technical consultants and other third parties who make our website available, enhance its functionality, or provide associated services (but only for the purpose of providing such services to EpicMill).
6.3.	Personal Information obtained in connection with the website may be used by us in conjunction with information obtained through sources other than the website, including both offline and online sources.
6.4.	We reserve the right to transfer any Personal Information to our successors in business and purchasers of website assets or a particular division or line of business.
6.5.	We may Process your Personal Information in a number of ways, including but not limited to when you:
6.5.1.	visit our website, we may collect usage information which may include your IP address, geographical location, browser type and version, operating system, referral source, duration of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. This information may be Processed for the purposes of analysing the use of the website and improving usability;
6.5.2.	provide Personal Information when purchasing using our services. The information is Processed for use and /or administration of the product / service you require and may include your company name, first name, surname, city and email address. This information is Processed for the purpose of supplying our services to you, communicating with you and establishing and maintaining a relationship with you;
6.5.3.	provide Personal Information in the course of a submission of an enquiry, including an enquiry pertaining to available vendor and/or service provider opportunities, on our website "contact us" page. The Personal Information is Processed for the purpose of responding to your enquiry and may include your company name, first name, surname, city and / or email address;
6.5.4.	on a voluntary ad-hoc basis you may provide us with certain Personal Information when you fill out an enquiry form in the question section of our "contact us" page, or contact us via social media, or when you email us, or when you provide Personal Information to support a request logged by you to us for the above collection means; and
6.5.5.	subscribe to our mailing list.
6.6.	We may further use the information we collect from you in the following ways:-
6.6.1.	to quickly process your transactions;
6.6.2.	to follow up with you after correspondence (email or phone enquiries);
6.6.3.	facilitate communication between users;
6.6.4.	personalise your experience;
6.6.5.	for website analytics, storing details such as your IP address, bounce rate, page time, cost per click, most visited pages and device information;
6.6.6.	to monitor and analyse how we improve our service to you as well as to keep your data secure and free from abuse;
6.6.7.	to keep active communications with you while you are our contracted client.

7.	Minors
7.1.	We will not collect the Personal Information of Minors without the consent of their parent(s) or guardian(s).
7.2.	We reserve our rights to request a certified copy of your identity document and proof of consent from your parent or guardian if we suspect that you are a minor.
8.	Cookies
8.1.	Cookies are essentially pieces of information that a website transfers to a user’s hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences and tracking your online habits, traffic patterns, and making sure you do not see the same advertisement too often. The use of cookies is an industry standard and we make use of them.
8.2.	We may place a cookie on your browser to store and sometimes track information about you.
8.3.	We use "cookies" (or other types of tracking software) to help us gather information about you as a visitor to our website, which is not personally identifiable. For example:
8.3.1.	the IP address from which you access the site;
8.3.2.	the type of browser and operating system used to access the site;
8.3.3.	the date and time of your access to the site;
8.3.4.	the pages you visit; and
8.3.5.	the internet address of the website from which you accessed the site.
8.4.	Where applicable, this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with legislation requirements for website to obtain explicit consent from users before leaving behind or reading files such as cookies on a user's computer / device.
8.5.	The use of cookies helps us to assist your use of certain aspects of the site. While most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note that some parts of the website will not function properly if you refuse cookies.
8.6.	No information which personally identifies you will be collected through cookies.
8.7.	Third parties (including, but not limited to, software providers, advertisers and ad placement agencies) may also use tracking technologies by, or through, the site. Epicmill is in no way responsible or liable for any tracking, data collection or other activities of such third parties.
8.8.	Other cookies may be stored to your computer’s hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 (Thirty) days, though some may take longer. No Personal Information is stored, saved or collected. Users are advised that if they wish to deny the use and saving of cookies from this website onto their computers hard drive, they should take necessary steps within their web browsers’ security settings to block all cookies from this website and its external serving vendors.
9.	Data Security
9.1.	We are committed to taking reasonable and responsible steps to ensure the security of your information, and we strive to ensure the security, integrity and privacy of Personal Information submitted to our sites. We review and update our security measures in light of current technologies, however unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
9.2.	With due regard to generally accepted information security and handling practices and procedures, we seek to secure the integrity and confidentiality of Personal Information in our possession by taking reasonable appropriate technical and organisational measures to prevent:-
9.2.1.	loss of, damage to, or unauthorised destruction of Personal Information; and
9.2.2.	unlawful access to or Processing of Personal Information.
9.3.	You may, at any time, contact us with any queries regarding your Personal Information and request to view, correct or delete your collated data.
9.4.	To prevent unauthorised access, maintain data accuracy, and ensure the appropriate use of information, we have put into place physical, electronic, and managerial procedures to help safeguard and secure the information we collect online. Your Personal Information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. Any information attained by EpicMill not intended for public use is sent to our internal server and stored on databases behind our firewall. This prevents sensitive information being accessed from outside EpicMill.
9.5.	However, due to the inherent open nature of the Internet, and subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act 25 of 2002, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from, and through, this website. You provide information to us online at your own risk.
9.6.	Furthermore, EpicMill makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from our website is free from errors or omissions or that the service will be wholly uninterrupted and error-free.
10.	Your Rights as a Data Subject
10.1.	As a Data Subject of EpicMill, you have the right and responsibility to ensure that the Personal Information we hold about you is accurate. In the absence of evidence to the contrary, we will assume that the information you have provided to us is accurate. At your request, where the law requires us to do so, you can exercise your Data Subject rights as per the following, subject to verification and validation of your identity:
10.1.1.	request access to your Personal Information that EpicMill holds about you;
10.1.2.	request rectification of your Personal Information that EpicMill holds about you;
10.1.3.	request erasure, as permitted by law, of your Personal Information that EpicMill holds about you;
10.1.4.	request restriction of Processing of your Personal Information;
10.1.5.	object to Processing of Personal Information as permitted by law; and
10.1.6.	lodge a complaint as it pertains to the Processing activities of your Personal Information.
10.2.	The Personal Information that you may request us to correct, destroy or delete is Personal Information that has been Processed that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or that we are no longer authorised to retain.
10.3.	In order to exercise any of the above, you can contact us at support@epicmill.co.za.
10.4.	Please note that we will respond to your request within 21 (Twenty-One) working days. We are entitled to charge a fee pertaining to your request for us to destroy or delete your Personal Information. If you have requested us to delete all your Personal Information, we may be obligate to terminate all agreements or interactions we have with you. We cannot maintain our relationship with you without having a certain amount of your Personal Information.
10.5.	You have the right to withdraw your consent for us to Process your Personal Information at any time. The withdrawal of your consent can only be made by you on the condition that:-
10.5.1.	the withdrawal of your consent does not affect the Processing of your Personal Information before the withdrawal of your consent; or
10.5.2.	the withdrawal of your consent does not affect the Processing of your Personal Information if the Processing is in compliance with an obligation imposed on us by law; or
10.5.3.	the withdrawal of your consent does not affect the Processing of your Personal Information where such Processing is necessary for the proper performance of a public law duty by a public body; or
10.5.4.	the withdrawal of your consent does not affect the Processing of your Personal Information as required to finalise the performance of a contract in which you are a party; or
10.5.5.	the withdrawal of your consent does not affect the Processing of your Personal Information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the information is supplied.
10.6.	You have the right to object to the Processing of your Personal Information at any time, on reasonable grounds relating to your particular situation, unless the Processing is required by law.
10.7.	You can make the objection if the Processing of your Personal Information is not necessary for the proper performance of a public law duty by a public body, or if the Processing of your Personal Information is not necessary to pursue your legitimate interests, our legitimate interests or the legitimate interests of a third party to which the information is supplied.
10.8.	You have the right to object to the Processing of your Personal Information, at any time, if the Processing is for purposes of direct marketing other than direct marketing by means of unsolicited electronic communications and you have not given your consent for that Processing.
10.9.	You have the right not to have your Personal Information Processed for purposes of direct marketing by means of unsolicited electronic communications from third parties unknown to you.
10.10.	You have the right not to be subjected to a decision which is based solely on the basis of the automated Processing of your Personal Information intended to provide a profile of you. Decisions that you may not be subjected to are decisions that result in legal consequences for you or affect you to a substantial degree:-
10.10.1.	without being for the execution of a contract for which you have received performance; or
10.10.2.	decisions made that are not in terms of law or of a code of conduct that specifies what appropriate measure must be taken to protect your legitimate interests.
10.11.	You have the right to submit a complaint to the Information Regulator in terms of POPIA regarding an alleged interference with the protection of Personal Information Processed in accordance with this Privacy Policy.
10.12.	You have the right to institute civil proceedings regarding an alleged interference with the protection of your Personal Information Processed in accordance with this Privacy Policy.
10.13.	Copies of your Personal Information may remain viewable elsewhere, to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users and partners.
10.14.	In cases where consent was given, you have the right to withdraw consent at any time.
10.15.	If you do request that your information is deleted, all information will be permanently erased, except for information that we are required to keep by law. You may exercise your rights at any time by lodging a request with our Information Officer, at support@epicmill.co.za.
10.16.	Should you wish to object to the Processing of your Personal Information, your request must be accompanied with a signed copy of Form 1 - Objection to the Processing of Personal Information in terms of Section 11(3) of the Protection of Personal Information Act, 2013.
10.17.	Should you wish to request correction or deletion of Personal Information, your request must be accompanied with a signed copy of “Form 2 - Request for Correction or Deletion of Personal Information or Destroying or Deletion of Record of Personal Information in terms of Section 24(1) of the Protection of Personal Information Act, 2013.
10.18.	You may not use this website for any offensive or unlawful purpose.
10.19.	We reserve the right to remove any content from the website that is untrue, defamatory, offensive, amounts to hate speech or is otherwise unlawful.
10.20.	You shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer based equipment through email communication with us.
10.21.	The above-mentioned forms can be found at the end of this Privacy Policy.
11.	Use of IP address
11.1.	An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We log IP addresses or the location of computers on the Internet.
11.2.	We collect IP addresses for the purposes of system administration and to audit the use of the website. We do not ordinarily link IP addresses to Personal Information, which means that your session may remain anonymous. However, we cannot guarantee that this will always be the case, as it may be necessary to identify a particular user when it is necessary to enforce compliance with the Privacy Policy or to protect our website, its Users or other interests.
12.	 Links to Third Party Websites
12.1.	Occasionally, at our discretion, we may include or offer third-party products or services, sponsored links or adverts on our website. These third-party providers have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites / providers.
12.2.	The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and our website, and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
12.3.	If you disclose your Personal Information to a third party, such as an entity which operates a website linked to this website, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your Personal Information.
13.	Social Media Platforms
13.1.	Communication, engagement and actions taken through external social media platforms that EpicMill participates on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
13.2.	Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. Neither this website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
13.3.	This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
14.	Shortened Links in Social Media
14.1.	This website and its owners through their social media platform accounts may share web links to relevant web pages. By default, some social media platforms shorten lengthy URLs.
14.2.	Users are advised to take caution and good judgement before clicking on any shortened URLs published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine URLs are published, many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
15.	Disclaimer
15.1.	The information, software and services included in or available through the Epicmill website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. EpicMill and/or its suppliers may make improvements and/or changes to the EpicMill website at any time. Advice received via the EpicMill website should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
15.2.	EpicMill and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, services and related graphics contained on the EpicMill website or any purpose. To the maximum extent permitted by applicable law, all such information, software, services and related graphics are provided "as is" without warranty or condition of any kind. EpicMill and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
15.3.	To the maximum extent permitted by applicable law, in no event shall EpicMill and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the EpicMill website, with the delay or inability to use the EpicMill website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through our website, or otherwise arising out of the use of the EpicMill website, whether based on contract,  negligence, strict liability or otherwise, even if EpicMill or any of its suppliers has been advised of the possibility of damages.
16.	Opt-out
16.1.	The POPIA Act, the GDPR and the UK Data Regulations specify the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and sets out the penalties for violations thereof.
16.2.	We may provide you with information about our various services or offers that may be of interest to you. Only EpicMill will send you these direct mailings. At any time you may opt-out of the EpicMill marketing list or update your information.
16.3.	In compliance with the POPIA Act, we agree to the following:
16.3.1.	at any time, should you not wish to receive direct marketing from us, please inform us at support@epicmill.co.za in order to unsubscribe; and
16.3.2.	each time we send you marketing information by e-mail or SMS text messaging, we will provide an opportunity for you to unsubscribe from receiving further information from us.
16.4.	We confirm that once we receive a notice to unsubscribe, we will promptly remove you from all marketing – related correspondence.
17.	Accuracy of Personal Information
17.1.	In order to ensure that the information we maintain is accurate, EpicMill gives users the option to change or modify their information previously provided. If you would like to change your information currently in our database, please contact us at support@epicmill.co.za.
17.2.	Please note that we will not contact you telephonically for unsolicited marketing purposes or send unsolicited marketing communications to you by mail, SMS or email if you have not opted in to receive them.
17.3.	EpicMill is not responsible for updating information contained in third party lists or databases.
17.4.	It is important that your Personal Information is kept up to date. Please keep us informed if your Personal Information changes.
18.	Breach
18.1.	In the event of a confirmed breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information, we shall promptly assess the risk to people’s rights and freedoms and without undue delay report this breach to the appropriate authorities, Responsible Parties, and Data Subjects as required by law.
18.2.	We will cooperate with you and take such reasonable commercial steps as are directed by you to assist in the investigation, mitigation, and remediation of each such data breach.
18.3.	We undertake to never to sell or make your Personal Information available to any third party other than as provided for in this Privacy Policy unless we are compelled to do so by law. In particular, in the event of a fraudulent payment, EpicMill reserves the right to disclose relevant Personal Information for criminal investigation purposes or in line with any other legal obligation for disclosure of the Personal Information which may be required of it.
18.4.	Whilst we will do all things reasonably necessary to protect your rights of privacy, to the maximum extent permitted by law, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your Personal Information and you hereby unconditionally agree to indemnify us against any liability, loss or damage that may result from your use of the website.
19.	Intellectual Property
19.1.	The content on the website is owned by us or other third parties such as third party licensors or suppliers and is protected in terms of South African law.
19.2.	Where we post or list content provided by the third party, that party is responsible for and warrants that they have all the necessary rights to such content and are not infringing or violating any third party rights by such content being posted on the website.
19.3.	You may not use, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means, the content of the website without our prior written permission.
20.	Governing Law
20.1.	All aspects of the provisions of this Privacy Policy and any dispute arising out of or in relation to this Privacy Policy shall be governed by the laws of the Republic of South Africa.
21.	Effective Date
21.1.	This Privacy Policy may be updated from time to time at our discretion. Please check this Policy regularly as any changes made to this Privacy Policy are effective immediately upon uploading to our website, and your continued use of the website, and our services shall be deemed as acceptance of the changes and an agreement to the new or amended terms contained in the Privacy Policy.
21.2.	This Privacy Policy was last updated on 1 March 2024.