The copyright in all materials (including pictures, videos) and information contained on this website vests in Optimal Energy, or is otherwise reserved, and may be accessed and downloaded for private and non–;commercial use.

Publication or reproduction of any information or materials contained herein on any other website is expressly prohibited, unless prior written approval has been obtained therefore from an authorized representative of Optimal Energy. Without derogating from the aforegoing, the practice of “web crawling” on this site is expressly prohibited where the use of the information is for commercial purposes.

Optimal Energy cannot be held liable for any Representations which may be inferred from any of the information contained on this website and Optimal Energy does not warrant the correctness of the information reflected on the website.

Terms and Conditions
Any use by you of the website operated by Optimal Energy at www.dontbeapaseenger.com (the “Site”) is conditional upon your acceptance of these Terms & Conditions, including our Privacy Statement. We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. See box below for a summary of updates. Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement. The Site is operated by Optimal Energy (“Optimal Energy”).

All references to ‘our’, ‘us’, ‘we’ or ‘company’ within this policy and within the opt–;in notice are deemed to refer to Optimal Energy, its subsidiaries, affiliates and associates.

1. Rights – all rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at the Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

2. Intellectual Property – Optimal Energy is the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

3. Copying – You may view the Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.

4. Terms of Use and Acceptable Usage Policy Relating To User Generated Content.
While some of these User Rules may be more applicable to a particular Service or access technology, you are bound by all of them regardless of the Service or access technology, which you may use. We view our Service environment as a virtual community in which you interact with us, with other Subscribers and the Internet community at large. Like all other communities, our virtual community has rules to ensure the continued existence thereof and that the rights of all participants are respected.

Definitions
In these User Rules:

Abusive Content means content (including without limitation words and images) which we consider to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, as hatespeech, or which contains child, explicit or violent pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;

Destructive Code means any computer code which:

is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as “viruses”, “Trojan horses” or “worms”);

would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as “time bombs”, “time locks”, or “drop dead” code);

would permit any person to access any software, hardware or network of any other person without consent (generally referred to as “trap”, “access code”, “back door” or “trap door” codes); and any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;

Communication Facilities includes (without limitation) our email, instant messaging (IM), SMS, chat rooms, discussion boards, albums, communities, classifieds and similar facilities used for the purposes of communicating in real–;time or otherwise with other persons whether they are Subscribers or not;

Fraud means fraud as it is understood in its commonly used legal context which includes (without limitation) solicitation or inducement of any person to participate in any commercial or non–;commercial activities which are in the nature of a financial scam, “pyramid schemes” or “chain letters”;

Intellectual Property Rights means any and all rights, title and interest in (whether registered or not) any intellectual property, including copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, source code and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights;

Misrepresentation includes (without limitation):

actions designed to deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;

impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose;

altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations; and

forging or otherwise manipulating origination details and data on any electronic data message generated by our Communication Facilities with a view to disguising or deleting the origin of anything posted or transmitted using our Communication Facilities including, without limitation, the use of “Socks Proxies”, “EZBounce”, “Vhosts”, “BNC’s” and/or any other software or hardware methods used to disguise or misrepresent your own IP address;

Spamming includes (without limitation) the posting or cross–;posting of unsolicited communications using our Communication Facilities; imitating or impersonating another person or his email address, or creating false accounts for the purpose of sending spam; sending unauthorized mail via open, third party servers, sending emails to users who requested to be removed from a mailing list; selling or exchanging the email address of any person without that person’s consent;

System Abuse means any conduct which does or may:

damage, impair, overburden or disable any system of any person (including us) using our Services; interfere with any other person’s use of the Internet or of our Services;

compromise or tamper with the security of our or any other person's software, hardware, systems, networks or Services including (without limitation) Spamming and mass messaging, the use of software and technologies known as “floodbots”, “clonebots”, “automated client” ( e.g. “bots”, “fserv” or “script”), nuking and nuking tools (e.g.“7th Sphere”).

General rules

You agree that, when you use our Services, you will not:

do anything which violates any of the Terms; Spam our Communication Facilities; make any Misrepresentation; post, upload or transmit any Abusive Content by means of our Communication Facilities; replicate or store Abusive Content on any of our servers;

do anything that does not comply with generally accepted Internet etiquette including (without limitation) the excessive use of capitalised text, the use of inflammatory or antagonistic criticism ("flaming"), or wastefully and unnecessarily including previous communications in any postings;

commit Fraud; violate or infringe the Intellectual Property Rights, contractual or fiduciary rights, privacy or publicity rights of another; perform System Abuse; propagate, distribute or transmit Destructive Code, whether or not damage is actually caused thereby; repeatedly post gratuitous off–;the-topic communications;

read and act upon any communication which was not intended to be received by you or fail to delete such communication;

gather personal or commercial information including (without limitation) email addresses and/or names from any Internet facilities, whether managed by us or by any third party, for commercial, political, charity or any other purpose without the consent of the owners of such information;

reproduce, replicate, copy, alter, modify, create derivative works of or sell or re-sell any of:

our Services or any part thereof including (without limitation) websites and web pages, or any Services that constitute the provision of telecommunications Services in terms of applicable legislation; or

the information or data contained in our Services;

use robots, spiders, or any other device, be it automated or manual, to monitor or copy any content from the Services;

use any of our Services for commercial purposes other than those provided for hereunder, including (without limitation), reformat and display the results of a search; mirror our home page or result pages on your website, (If you want to make commercial use of our services, you are required to enter into an agreement with us);

repeatedly or in a rapid manner transmit Content in such a manner as to have the effect of harassing a recipient;

transmit Content that you do not own or do not have the right to publish or distribute, whether under law or contract;

access any of our Services or any similar service of a third party or any network without authorisation or through hacking, password mining or any other means;

perform or encourage any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;

fail to comply with applicable domestic, national and international laws, rules and regulations;

send automated queries to our System without our express prior consent, including (without limitation) meta-searches and performing off-line searches on our System; disrupt the normal flow of dialogue or negatively affect the ability of other users; to engage in real time exchanges; help any third party to do any of the above.

29.4 Third party use rules
When you access or use a third party site or service by means of our Services, you will comply with all rules of use (if any specified) of the third party Service in addition to these User Rules.

To the extent that there is a conflict between the third party's rules of use and our User Rules, you are expected to conduct yourself in the manner that is least prejudicial to our interests.

29.5 Enforcement of User Rules
Should we consider you to be in breach of any of the User Rules, then we may, without prejudice to any other rights which we may have under these Terms or in law, to:

remove content which we may deem inappropriate or unsuitable for our website without notification to you; give you a warning; without notice, stop or suspend your membership to or use of any or all Services; and/or comply with such obligations as may be imposed on us by law.

30.1 User Generated description
We provide certain Services that allow you to contribute content to blogs (weblogs or online journals) and chat rooms, discussion boards, communities and forums.

30.2 User generated Service Terms
You may not use the Blog and competition suggestion platform for the purpose of advertising or marketing any business, product or service.

Any content that you provide to a Blog and competition suggestion platform enters an open, public forum, and is not confidential. You should therefore be careful when deciding to share any of your personal information.

By disclosing personal information such as your name and email address in a Blog Service, you acknowledge and understand that this information may be collected and used by other persons to communicate with you.

You may be held legally liable for the content that you provide in a Blog Service, for example, where you provide content that is:

protected by copyright or trademark, without the permission of the author or the owner;

confidential or personal in nature; defamatory; illegal; amounts to hate speech; pornographic; or harmful.

We do not generally monitor or moderate the Blog. We will accordingly not automatically have knowledge of the content on the Blog. We also do not condone, approve, endorse or support any content on the Blog and Chat Service.

You accordingly use the Blog at your own risk and indemnify us against any liability, loss or damage resulting from the use of the Service.

We however reserve the right to monitor or moderate the Blog at any time should we deem this necessary. If we are of the view that you are in breach of any of the Terms or the Blog terms, we may, without notice to you:

remove the offending content; or stop or suspend your use of the Blog and/or any other Service.

5. NO WARRANTIES– THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

6.THIRD PARTY GOODS AND SERVICES– WE DO NOT VOUCH FOR THOSE PERSONS, COMPANIES AND OTHER ORGANISATIONS WHOSE GOODS OR SERVICES MAY BE ACCESSED OR DISPLAYED THROUGH OR ON THE SITE.

7. Your responsibility – You should always verify the information set out in the Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment. In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses that we may make of such information.

8. NO LIABILITY – TO THE FULLEST EXTENT PERMITTED BY LAW WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, EXCEED R700.00 (RSA)

9.Materials submitted by you – Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to the Site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.

10. User Information – In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to such User Information are set forth in the Site Privacy Statement, which Privacy Statement is incorporated into these Terms & Conditions by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.

11. Links from and to the Site– You acknowledge and agree that we have no responsibility for the information provided by websites to which you may link from the Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We have no control over these Linked Sites and do not edit or monitor them. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. No website may be linked to the Site or its pages without our prior written consent.

12. Indemnity – You will indemnify us against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from Linked Sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material that you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

13. Restriction, Suspension and Termination – We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.

14. Entire Agreement – These Terms & Conditions, including our Privacy Statement, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms &Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may cede assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to third parties.

15. Copyright And IP Agent – We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of the alleged infringing activity and where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf,

16. Law and Jurisdiction – These Terms & Conditions, including the Privacy Statement and any matter relating to the Site, shall be governed by laws of the Republic of South Africa