Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the website located at https://energy-brokers.co.za/ ("Website") and any advisory, brokerage, or related services ("Services") provided by Energy Brokers (Pty) Ltd, a private company duly registered in South Africa with registration number 2021/145733/07 ("Energy Brokers", "we", "us" or "our").

By accessing or using the Website or engaging our Services, you agree to be bound by these Terms. If you do not accept these Terms, you must not access the Website or engage our Services.

These Terms should be read together with our Privacy Policy, which forms an integral part of these Terms.

"ECT Act"

means the Electronic Communications and Transactions Act 25 of 2002, as amended;

"IPP"

means an Independent Power Producer that generates electricity from renewable or other sources for sale to off-takers via the national grid;

"PPA"

means a Power Purchase Agreement concluded between an off-taker and an IPP for the supply of electricity;

"Services"

means the energy advisory, feasibility analysis, market review, PPA advisory, and wheeling facilitation services provided by Energy Brokers, whether via the Website or through direct engagement;

"User"

means any person who accesses or uses the Website or engages our Services;

"Wheeling"

means the transmission of electricity from an IPP to an off-taker through the existing Eskom and/or municipal grid infrastructure under applicable wheeling frameworks; and

"Website"

means the website located at https://energy-brokers.co.za/, including all subdomains and related platforms.

You may use the Website for lawful purposes only. You agree not to:

• use the Website in any way that breaches any applicable local, national, or international law or regulation;
• use the Website to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material;
• knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, or other malicious code;
• attempt to gain unauthorised access to the Website, the server on which it is hosted, or any connected database; or
• use any automated system, including without limitation "robots", "spiders", or "offline readers", to access the Website in a manner that sends more request messages to our servers than a human can reasonably produce.

We reserve the right to suspend or terminate your access to the Website at any time, without notice, where we reasonably believe you have breached these Terms.

Energy Brokers provides independent advisory and brokerage services in respect of wheeled energy transactions in South Africa. Our role is to advise, facilitate introductions to vetted IPPs, conduct feasibility analyses, and assist with PPA negotiation and procurement processes.

Unless expressly agreed in writing, Energy Brokers is not a party to any PPA, supply agreement, or other commercial arrangement entered into between you and an IPP, Eskom, a municipality, or any other third party. We are not an electricity generator, trader, distributor, or licensed supplier.

The scope, deliverables, fees (if any), and commercial terms of any engagement shall be set out in a separate written engagement letter or services agreement between you and Energy Brokers, which shall prevail over these Terms in the event of conflict in respect of that engagement.

Content published on the Website — including market reviews, articles, guides, and resource hub materials — is provided for general information purposes only. It does not constitute financial, investment, legal, tax, regulatory, engineering, or other professional advice and should not be relied upon as such.

Energy and regulatory markets in South Africa evolve rapidly. While we take reasonable care to ensure the accuracy of published information at the time of publication, we make no representation or warranty that it remains current, complete, or accurate.

Before making any decision based on information on the Website, you should obtain independent professional advice appropriate to your specific circumstances.

All intellectual property rights in the Website and its content — including text, graphics, logos, icons, images, audio clips, data compilations, software, and the design, structure, and arrangement of the Website — are owned by or licensed to Energy Brokers and are protected by South African and international intellectual property laws.

You may view, download, and print extracts from the Website for your own personal, non-commercial use, provided you do not modify the content and you retain all copyright and other proprietary notices.

You may not, without our prior written consent, reproduce, republish, distribute, sell, licence, or commercially exploit any part of the Website or its content.

The "Energy Brokers" name, the "SOLINK" name, and our logos are trademarks of Energy Brokers (Pty) Ltd and/or its group companies. You may not use these marks without our prior written consent.

The Website may contain links to third-party websites, resources, or services that are not owned or controlled by Energy Brokers. We provide these links for convenience only and do not endorse the content, products, or services of any linked site.

We have no control over, and accept no responsibility or liability for, the content, privacy practices, or any loss or damage that may arise from your use of any third-party website or service.

Your access to and use of third-party websites is at your own risk and subject to the terms and conditions of those websites.

When you submit an enquiry, application, or any other information to us via the Website (including via contact forms or career applications), you warrant that the information you provide is true, accurate, and complete, and that you are entitled to provide it.

You grant Energy Brokers a non-exclusive, royalty-free, perpetual licence to use, store, and process such information for the purpose of responding to your enquiry, providing our Services, and complying with our legal obligations, in accordance with our Privacy Policy.

The Website and its content are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Energy Brokers makes no representations or warranties of any kind, express or implied, including but not limited to:

• the availability, accuracy, completeness, reliability, or timeliness of the Website or its content;
• that the Website will be uninterrupted, secure, or free of errors, viruses, or other harmful components; or
• that the results obtained from the use of the Website or our Services will meet your requirements or expectations.

Nothing in these Terms excludes or limits any warranty, right, or remedy that may not lawfully be excluded or limited under the Consumer Protection Act 68 of 2008, the ECT Act, or other applicable South African law.

To the maximum extent permitted by law, Energy Brokers, its directors, employees, agents, and representatives shall not be liable for any indirect, incidental, special, consequential, or punitive loss or damage — including without limitation loss of profit, loss of revenue, loss of business, loss of data, or loss of goodwill — arising out of or in connection with:

• your access to, use of, or inability to use the Website;
• any reliance placed on information published on the Website;
• any transaction, PPA, or arrangement entered into between you and an IPP, Eskom, a municipality, or any other third party; or
• any unauthorised access to or alteration of your transmissions or data.

Without limiting the generality of the foregoing, our aggregate liability arising out of or in connection with these Terms and your use of the Website shall not exceed ZAR 1,000 (one thousand Rand), or such other amount as may be agreed in writing in a separate engagement letter for paid Services.

Nothing in these Terms excludes liability for fraud, wilful misconduct, or any other liability that cannot lawfully be excluded.

You agree to indemnify, defend, and hold harmless Energy Brokers and its directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your misuse of the Website, or your infringement of any third-party rights.

Your use of the Website and our Services is subject to our Privacy Policy, which describes how we collect, use, and protect your Personal Information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). By using the Website, you consent to the processing of your Personal Information as described in the Privacy Policy.

We may revise these Terms from time to time at our sole discretion. The revised Terms will take effect from the date they are posted on the Website. Your continued use of the Website after such posting constitutes your acceptance of the revised Terms.

You should review these Terms periodically to ensure you are familiar with the current version.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the Republic of South Africa.

You agree to submit to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division (Cape Town), in respect of any dispute arising out of or in connection with these Terms.

Entire agreement: These Terms, together with our Privacy Policy and any written engagement letter, constitute the entire agreement between you and Energy Brokers in respect of your use of the Website.

Severability: If any provision of these Terms is found by a competent court to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

No waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time.

If you have any questions about these Terms, please contact us at:

• Energy Brokers (Pty) Ltd
• Email: info@energy-brokers.co.za
• Telephone: 021 300 0485
• Physical Address: 2nd Floor, Old Warehouse Building, Black River Park, Fir Street, Observatory, Cape Town, Western Cape, 7925, South Africa