APP TERMS AND CONDITIONS
1.1. The Egg mobile application (the “App”) is available for download on compatible electronic devices. The App is owned and operated by We are Egg Proprietary Limited (registration number: 2020/016714/07) (“EGG”, “we”, “us”, and “our”).
1.2. The App is designed to enhance your visit to EGG stores and create a more engaging in-store experience.
1.4. The EGG App Terms are binding and enforceable against every person that accesses or uses the App (“you”, “your” or “user”), including without limitation each user who registers as contemplated in clause 2 below. By using the App, you acknowledge that you have read and agree to be bound by these terms and conditions. You must not use the App if you do not agree to the App Terms.
1.5. To the extent that the Consumer Protection Act 2008 applies to these App Terms and condition, your attention is drawn to the clauses in these App Terms that contain an assumption of risk or liability by you or an indemnification of EGG. These clauses are highlighted for clarity.
2. App Registration & Security
2.1. You are required to register with us to make use of certain functionality. To register and access your App account you may, depending on the features you wish to access within the App, be required to provide certain accurate, personal information including your email address and password for security and authentication purposes. Please keep your personal information with us updated, confidential and secure. We accept no liability for any damages suffered or losses incurred from the unauthorised use of your personal information to access the App. To amend any of your details, please send an email to [[email protected]]. Please report any unauthorised use of your App account to us immediately by emailing [[email protected]].
2.2. Registration and/or use of our App constitutes your acceptance and agreement to be bound by these App Terms.
3. User Representations - Capacity
Only persons aged 18 (Eighteen) years or older may access and/or utilise this App. By using the App you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the App only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these App Terms and to be liable and responsible for you and all your obligations under these App Terms.
4.1. Without prejudice to any other right and remedies available to us, if you fail to comply with these App Terms we may immediately terminate your access or use of the App and/or delete your App account. We are not responsible for any loss damage or harm related to your inability to access or use the App based on such termination.
4.2. If we terminate your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
5. App Services
5.1. Subject to your agreement to and compliance with these App Terms, you are granted a non-exclusive, non-transferable, revocable, limited license to use the App solely for personal, non-commercial use in accordance with the App Terms.
5.2. The App services shall include access to information about our stores, products and services, our Partners who supply the goods and services at out stores, our digitized water fountain, customer help facilities. You will also receive notification and messaging services via the App.
5.3. Any online purchases made via the App are subject to the Website Terms and Conditions.
5.4. We will not charge you to download and use the App on your mobile device. You are however responsible for all carrier network or other data charges associated with the download. EGG will not be liable for the charges that you incur.
5.5. The App will use cellular network and/or Wi-Fi connection of your mobile device to allow you access to the App services. EGG cannot be held responsible for any interruption, disconnection, interception, distortion or monitoring of your cellular network or Wi-Fi service. If you make use of our Free Wi-Fi Service to use the App, the use of that service is subject to the WiFi Terms. We reserve the right to discontinue at any stage any or all services offered via the App or your use of the App for any reason whatsoever including where you have acted contrary to the App Terms.
5.6. Please ensure that you use the latest version of the App. We cannot be held responsible for any interruptions of service, incorrect information or any other issues that may arise from your use of an outdated version of the App.
5.7. Please delete the App from your mobile device should you no longer wish to benefit from the services offered via the App or if you do not agree to accept these App Terms.
6. Water Fountain
The use of Digitised Water Fountain is at your own risk. EGG, its owners, respective directors, managers, employees, agents and anyone associated with any of them will not be liable to any person for any injury, loss, damage, illness or harm of whatsoever nature and howsoever caused, whether arising directly or indirectly, out of the use of the Digitised Water Fountain.
7. Disclaimers and Exclusions of Liability
Use of the App is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the App will be uninterrupted or error free, or that the App is available free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of the App. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of the App.
8. Amended or Updated App Terms
We may periodically update or change the EGG App Terms, without notice. You should check them from time to time as your continued use of our App will mean you accept any updated or revised App Terms.
9.1. All provisions of these App Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these App Terms which is or becomes unenforceable for any reason whatsoever, shall, only and only to the extent that it is so unenforceable, be treated as non-existent and the remaining provisions of these App Terms shall remain in full force and effect.
9.2. These App Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the Western Cape High Court, Cape Town, in respect of any disputes arising in connection with the service/s referred to herein, or the terms or any matter related to or in connection therewith.