Terms and Conditions

Last Updated: 13 August, 2019
Please read these terms and conditions of use (“Terms”) carefully. These Terms are a binding agreement between you (“you” or “User”) and the Energy Regulation Board (“ERB”, “we” or “us”) and govern your use of the ERB-owned website located at http://offgrid.gov.zm (the “Site”), including any content, functionality and services offered on or through the Site, whether as a guest or a registered user

BY USING THIS SITE, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SITE.

User specifically acknowledges that its use of the Site may be subject to local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws (collectively “Law”), including the rules and regulations of various stock exchanges and regulatory authorities, as well as restrictions imposed by various data providers, any or all of which may restrict such use. User agrees to identify and obtain any agreement, approval, license or permit which may be required for User to access or use the Site, at User's own expense.

Nothing on the Site or any content (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“Content”) thereon shall be construed, implicitly or explicitly, as containing any investment recommendations. Nothing on the Site, or in such materials, constitutes an offer of or an invitation by or on behalf of ERB to purchase or sell any of the shares or securities of companies mentioned, nor should it be considered as investment advice.

I. Appropriate and Lawful Use of the Site.

A. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection or device are aware of these Terms and comply with them.
B. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
C. You agree not to use the Site or Content: (a) in violation of these Terms or any Law; (b) to post or upload information, material or content that is false, inaccurate, or misleading; (c) to transmit or display any information, material or content that is illegal, abusive, inflammatory, threatening, tortious, violent, discriminatory, obscene, sexually explicit or pornographic, libelous, invasive of another’s privacy, hateful, or otherwise objectionable or offensive, or to harass or harm ERB, or another entity or individual; (d) to infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; (e) to transmit any unsolicited or unauthorized advertising or promotional materials; (f) to transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code; (g) to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (h) to interfere with or disrupt the Site or any software, hardware, telecommunications equipment or networks used by us, including use of the Site in any manner that could disable, overburden, damage, or impair the site; (i) to further or promote any illegal activity or enterprise or provide instructional information about illegal activities; (j) to obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site; (k) to interfere with other users’ use and enjoyment of the Site (for example, by spamming, advertising or offering to sell any goods or services, conducting promotions, soliciting or overly promoting personal interests); or (l) use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
D. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms or in violation of Law. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting people who are involved in such violations.
E. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including, without limitation, removing the offending content from the Site, suspending or terminating the access of such violators to the Site and reporting violations to the law enforcement authorities.

II. Our Content and Proprietary Rights.

A. As between you and us, we own all content developed or acquired by us (“Our Content”), including but not limited to our selection and arrangement of Third Party Content (as defined below), but excluding Third Party Content itself. Our Content is protected under Zambian and international copyright Laws and is subject to other Laws. In addition, the ERB names and logos, as well as certain other of the names, logos, designs, slogans and materials displayed in or through the Site constitute registered and unregistered trademarks, trade names or service marks of ERB and third parties (collectively, the “Marks”).
B. You are not authorized to use any of Our Content or the Marks other than as expressly provided in these Terms or as expressly licensed to you whether by negotiated agreement or as set forth on a specific webpage of the Site with respect to the Content on such webpage. You must abide by all rights, notices, information, or restrictions contained in or attached to any of Our Content and must not remove any trademark, copyright, or other notice from the Site or any of Our Content. We reserve the right to remove any of Our Content in our sole discretion, without notice.
The software underlying the Site is a combination of our propertyown proprietary and appropriately licensed third-party software (the “Software”). You agree Permission to use the Site under the present Terms and Conditions does not in any way imply permission to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. D. Any rights not expressly granted in these Terms are reserved by ERB.

III. Third Party Content (Including Your Content).

A. No Responsibility for Third Party Content. We will not be liable in any way for any content or materials of any third parties (including users) (collectively, “Third Party Content”). We do not control any Third Party Content on the Site and do not guarantee the availability or display of any Third Party Content. We reserve the right to remove any Third Party Content at any time in our sole discretion. Any opinions, advice, statements, views, positions, services, offers, or other Third Party Content expressed or made available on the Site are solely those of the respective authors or distributors, and do not necessarily reflect our opinions, views, or positions.
B. Your Content. If you submit information or material through any means (collectively, “Your Content”) to the Site, you, to the extent you have any rights in such information or material, grant ERB, business partners and service providers and each of their and our respective licensees, successors and assigns a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferrable and fully sublicensable right to use, exploit, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, display and otherwise disclose to third parties Your Content throughout the universe in any media whether now known or hereafter devised. You grant us and our sublicensees the right to use the name, screen name, city or zip code, and other biographical information that you submit in connection with Your Content, if we or they choose. You represent and warrant that: (a) you own or otherwise control all of the rights to the content that you post, including any intellectual property or other proprietary rights other than content that you clearly identify as Third Party Content, e.g., links to third party websites; (b) Your Content is accurate; (c) neither Your Content nor your posting or submission of Your Content violates any of these Terms, including, without limitation, the prohibitions on use of the Site set forth above; and (d) neither Your Content nor your posting or submission of Your Content will cause injury to any person or entity, including posing any privacy or security risk. We have the right to: (a) remove or refuse to post any content contributed by users for any or no reason in our sole discretion; (b) take any action with respect to any content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for ERB; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (e) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (f) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS ERB AND ITS AFFILIATES, BUSINESS PARTNERS, LICENSEES AND SERVICE PROVIDERS, INCLUDING FROM ANY LOSS, CLAIM OR LIABILITY RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

IV. Third Party Services and Sites.

Portions of the Site may allow you to use third party products and services, which may include without limitation social networking services, and the Site may contain links to third party websites or resources (such products, services, websites, and resources, collectively “Third Party Services”). We are not associated with and do not control such Third Party Services and such links are provided for your convenience only. Your use of Third Party Services is subject to the policies and agreements applicable to such Third Party Services. We do not approve or endorse any Third Party Services, their content, or any views expressed on any Third Party Service. ERB has no responsibility to you for any Third Party Services.

V. Linking to Our Site.

If you wish to link to the Site, you may include an active link on any website you control directing a browser to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part with respect to your site or any of its content or for your entity or its business or mission. You may not link to or otherwise provide access to the Site in any way that alters the look, feel, or functionality of any aspect of the Site. We may disable all or any social media features and any links at any time without notice in our discretion.

VI. Infringement Claims.

We respect the intellectual property rights of others. Accordingly, we have a policy of removing Third Party Content that violates copyright, trademark, or other intellectual property Law, suspending access to all or any portion of the Site to any user who uses the Site in violation of any such Law, and/or terminating in appropriate circumstances access to the Site and the account (if any) of any user who uses the Site in violation of any such Law. If you believe that any contributions of other users violate your copyright, please see contact us at the details below.

VII. Indemnity and Release.

You agree that you will release, indemnify and hold harmless the ERB, and each of our business partners, content providers, licensors and service providers, and any of our or their respective officers, directors, shareholders, employees, contractors, representatives, or agents (collectively, the “ERB Parties”) from and against any and all claims, actions, losses, damages, costs, fees and expenses (including attorneys’ fees) arising out of or relating to: (a) your use of the Site, (b) Your Content, (c) your connection to the Site, (d) your violation of these Terms, or (e) your violation of any rights of another. You waive any rights and benefits you may have or that may accrue to you under any Law providing that a general release does not extend to claims that the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor, or something substantially similar. The ERB Parties reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of the indemnified ERB Parties.

VIII. Disclaimer of Warranties.

YOU UNDERSTAND AND AGREE THAT USE OF THE SITE, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ERB PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. IN PARTICULAR, THE ERB PARTIES DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION OR OTHER CONTENT OBTAINED OR VIEWED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, THAT YOUR ACCESS TO THE SITE OR CONTENT WILL BE UNINTERRUPTED, FREE OF MALICIOUS CODE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. ERB DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED BY ANYONE ON ANY CONTENT OF THE SITE. THE ERB PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES.

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

IX. Limitation of Liability.

IN NO EVENT WILL ANY OF THE ERB PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) YOUR USE OF OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OF ANY OTHER WEBSITES, (B) ANY OF OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES AVAILABLE THROUGH THE SITE OR (C) ANY LOSS OF DATA. SHOULD ANY ERB PARTIES BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING AND SECTION 15, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.

X. Exclusions and Limitations.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable Law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of the ERB Parties will be the minimum permitted under such applicable Law.

XI. Refusal of Service; Modification of Sites; Termination.

We reserve the right to refuse service, deny access, disable or prohibit logins, remove or edit Content (including Third Party Content), limit access to Content, or modify or discontinue the Site or features on the Site in our sole discretion. We reserve the right to provide existing or additional optional services for a fee. Without limiting the generality of the foregoing, we may terminate, suspend, or modify your access to all or part of the Site, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable Law or is otherwise harmful to the interests of us, any other user of the Site, or any third party.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

XII. Modifications to Terms.

We may update or change any of the terms and conditions contained in these Terms at any time and in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. If any modification is unacceptable to you, your only recourse is to terminate your use of the Site. Your continued use of the Site following our posting or emailing of a change notice or revised Terms as provided in this section will constitute your binding acceptance of the change. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

XIII. Disputes.

These Terms and the relationship between us will be governed by the Laws of the Republic of Zambia without giving effect to any choice or conflict of law provision or rule (whether of the Republic of Zambia or any other jurisdiction). You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may only resolve disputes with us on an individual basis and may not bring and expressly waive bringing a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

XIII. Electronic Communications Notice.

When you use the Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the Site. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you do not grant us or wish to withdraw your consent for us to communicate with you electronically, you may not use the Site.

XIV. Network Access – User Agent Choice.

The Site relies on Internet World-Wide Web infrastructure to reach its users. By using this site, you agree that you are responsible for your choice of network provider and user agent software (e.g. desktop or mobile phone web browser) and agree with their charges and terms of usage. By using this site, you also consent to your network provider and user agent software sending technical information about your connection and device (such as an IP address, information regarding the operating system and the user agent) to ERB, the Portal and any third-party services and web-sites it uses or links to. In addition, downloading, installing, or using certain elements of the Mobile Site may be prohibited or restricted by your carrier, and not all aspects of the Mobile Site may work with all carriers or devices.

XV. Related Agreements and Policies.

A. Privacy Policy. You agree that we may use any information we obtain about you in accordance with our Privacy Policy, which may be found here (the “Privacy Policy”). These Terms incorporate by reference the terms and conditions of the Privacy Policy.
B. Copyright Statement. By using the Site, you accept and agree to be bound and abide by the Copyright Statement, incorporated herein. C. Additional Terms. Some of the Site, or portions of the Site, may be subject to additional terms (“Additional Terms”), which will be described in separate policies posted on the Site. The Additional Terms will supplement these Terms and will control over any conflict between the Additional Terms and these Terms with respect to the Site, or portions thereof, subject to the Additional Terms.

XVI. Miscellaneous.

These Terms, together with the Privacy Policy and any Additional Terms constitute the entire and exclusive agreement between us with respect to their subject matter, and govern your use of the Site, superseding any prior agreements or negotiations between us with respect to that subject matter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by ERB of any provision of these Terms shall be binding except as set forth in writing signed by its duly authorized representative. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.

XVII. Your Comments and Concerns

Please send any feedback, comments, requests for technical support and other communications relating to the Site to: erb@erb.org.zm.