Terms of Service

1. Introduction

Welcome to EQ Africa. These Terms of Service govern the use of EQ Africa's services, including ecommerce activities, business consulting, sourcing, import and export support, training programs, events, digital platforms, and related services.

By accessing, purchasing, registering, or using any EQ Africa service, the customer agrees to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and EQ Africa.

By using any of EQ Africa Services, platform, or products. it means you fully agree and accept ALL of our terms of service as outlines here, including our Privacy Policy.

2. Definitions

• EQ Africa refers to Empowered Queen Africa, its directors, employees, representatives, partners, agents, and affiliates.
• Customer refers to any individual, business, organization, cooperative, or entity using EQ Africa services.
• Products refer to goods sold, sourced, supplied, imported, exported, or distributed through EQ Africa.
• Services refer to consulting, training, coaching, sourcing, logistics assistance, ecommerce facilitation, events, workshops, and related activities.
• Parties refer collectively to EQ Africa and the Customer.
• Force Majeure means events beyond reasonable control as defined in Section 15.

3. Eligibility

Customers must:

• Be at least 18 years old or have legal authority to enter into binding agreements.
• Provide accurate, current, and complete information.
• Comply with all applicable local, national, and international laws and regulations.

EQAfrica reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion, including but not limited to cases of suspected fraud, legal violations, or breach of these terms.

4. Orders and Purchases

4.1 Order Confirmation

All orders are subject to acceptance by EQ Africa. An order is only confirmed when:

• Payment has been received in full where applicable.
• Product availability has been verified.
• All necessary documentation has been submitted by the Customer.

4.2 Product Availability

Products displayed may occasionally become unavailable due to supplier shortages, manufacturing delays, customs delays, or stock limitations. EQ Africa reserves the right to:

• Substitute equivalent products where appropriate with Customer consent.
• Cancel unavailable orders with full refund.
• Issue refunds or store credits where necessary.

5. Pricing

• Prices may change without prior notice, but confirmed orders are honored at the price at the time of confirmation.
• Shipping, customs duties, taxes, handling fees, storage fees, and clearance costs are excluded unless specifically stated in writing.
• Quotations remain valid for the period stated on the quotation (typically 30 days unless otherwise specified).
• Currency exchange fluctuations may affect final pricing on imported goods. Customers acknowledge and accept this risk.

6. Payments

Accepted payment methods include:

• Bank transfers (local and international)
• Electronic Funds Transfer (EFT)
• Card payments (Visa, Mastercard, Amex where supported)
• Approved digital payment platforms (PayPal, PayFast, etc.)

Full payment may be required before procurement, shipping, or service delivery begins. Late payments may result in:

• Suspension of services
• Cancellation of orders
• Additional administrative charges (up to 10% of overdue amount per month or the maximum allowed by law)
• Referral to collection agencies

7. International Sourcing and Imports

7.1 Supplier Products

EQ Africa acts as a sourcing facilitator and intermediary for products sourced locally and internationally. Product descriptions, images, specifications, and quality representations may originate from third-party suppliers.

7.2 Customs and Regulatory Compliance

Customers are solely responsible for ensuring imported products comply with the laws, regulations, and import restrictions of their destination country. EQ Africa shall not be liable for:

• Customs seizures or detentions
• Import restrictions or prohibitions
• Licensing requirements
• Regulatory violations
• Government actions of any kind
• Duties, taxes, or fees imposed by customs authorities

7.3 Shipping Delays

Estimated delivery times are estimates only and are not guaranteed. Delays may be caused by:

• Customs inspections and clearance delays
• Airline or shipping carrier delays
• Port congestion or labor disputes
• Supplier delays or production issues
• Weather conditions or natural disasters
• Government regulations or trade restrictions

EQ Africa shall not be liable for any losses arising from shipping or customs delays.

8. Refund and Cancellation Policy

8.1 Services

Consulting, training, coaching, workshops, and digital services are generally non-refundable once delivered or accessed.

8.2 Product Orders

Refunds may be considered where:

• The incorrect product was supplied.
• The product is proven defective upon arrival (proof required).
• The order cannot be fulfilled due to product unavailability.

Refund requests must be submitted in writing within 7 days of receiving goods.

8.3 Non-Refundable Circumstances

Refunds will not be issued for:

• Change of mind or buyer's remorse.
• Customer ordering errors (incorrect size, quantity, color, etc.).
• Customs delays, seizures, or import restrictions.
• Shipping delays outside EQ Africa's control.
• Product dissatisfaction where specifications match the order description.
• Exchange rate fluctuations.

9. Returns

Returned products must:

• Be unused and in original condition.
• Remain in original packaging with all tags and labels.
• Be accompanied by proof of purchase.

The customer is responsible for return shipping costs unless the return is due to an error by EQ Africa. Return shipping risk remains with the customer until goods are received by EQ Africa.

10. Training, Workshops and Events

Participants must:

• Register accurately and provide truthful information.
• Conduct themselves professionally and respectfully.
• Respect fellow attendees, facilitators, and property.

EQ Africa reserves the right to remove any participant who:

• Disrupts proceedings or interferes with others' learning.
• Harasses, threatens, or intimidates others.
• Violates applicable laws or venue policies.

No refunds will be issued for participant misconduct or removal.

11. Intellectual Property

All content provided by EQ Africa, including but not limited to:

• Training materials, slide decks, and handouts
• Business plans, templates, and frameworks
• Presentations, recordings, and videos
• Branding, logos, and trademarks
• Documents, reports, and proprietary information

remain the sole intellectual property of EQ Africa

Unauthorized copying, distribution, resale, reproduction, or commercial use is strictly prohibited and may result in legal action under applicable copyright and intellectual property laws.

12. Confidentiality

EQ Africa will take reasonable commercial measures to protect confidential information shared by clients. However, Customers agree not to disclose confidential information belonging to EQ Africa, its suppliers, partners, or other clients. This confidentiality obligation survives termination of any agreement.

13. Limitation of Liability

To the maximum extent permitted by applicable law, EQ Africa shall not be liable for:

• Indirect, incidental, or consequential losses
• Loss of profits, revenue, business, or anticipated savings
• Business interruption or reputational harm
• Supplier failures or product defects from third-party suppliers
• Shipping delays, customs delays, or government actions
• Exchange rate losses or currency fluctuations
• Data loss or technology failures

Total aggregate liability of EQ Africa shall not exceed the amount paid by the Customer for the specific product or service giving rise to the claim.

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

14. Indemnification

Customer agrees to indemnify, defend, and hold harmless EQ Africa, its directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Customer's breach of these Terms of Service.
• Customer's violation of any applicable law or regulation.
• Customer's import, export, or use of products.
• Customer's interaction with third-party suppliers or authorities.

15. Force Majeure

EQ Africa shall not be held responsible for failure or delay in performing obligations resulting from events beyond its reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, fires, storms)
• Strikes, labor disputes, or worker actions
• Pandemics, epidemics, or public health emergencies
• Government restrictions, sanctions, or regulatory changes
• War, terrorism, civil unrest, or riots
• Transportation disruptions or carrier failures
• Technology failures, cyberattacks, or power outages
• Supplier insolvency or production stoppages

16. Privacy

Customer information collected by EQ Africa will be used solely for legitimate business purposes, including:

• Order processing and fulfillment
• Customer support and communication
• Service delivery and improvement
• Legal and regulatory compliance
• Fraud prevention and security

Personal information will not be sold, rented, or traded to third parties for marketing purposes. EQ Africa's data handling practices are further described in our separate Privacy Policy.

17. Dispute Resolution and Governing Law

Parties agree to first attempt amicable resolution of any dispute through good-faith negotiation within 30 days of written notice. Where disputes cannot be resolved amicably:

• Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.
• Jurisdiction: Any legal action or proceeding shall be brought exclusively in the courts of Durban, South Africa, and both parties consent to personal jurisdiction there.
• International Recognition: These terms are intended to be enforceable under international commercial law principles, including the United Nations Convention on Contracts for the International Sale of Goods (CISG), where applicable.

International Notice: Customers outside South Africa acknowledge that they are subject to the laws of their own jurisdiction and agree to comply with all applicable export, import, and trade laws. EQ Africa makes no representation that products or services are appropriate or available for use in all locations.

18. Amendments

EQ Africa reserves the right to amend these Terms of Service at any time. Updated terms become effective immediately upon publication through EQ Africa's official communication channels (website, email, or platform notification). Continued use of services after changes constitutes acceptance of the updated terms. Material changes will be communicated with reasonable notice where possible.

19. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms of Service, together with the Privacy Policy and any applicable order confirmations, constitute the entire agreement between EQ Africa and the Customer with respect to the subject matter hereof, superseding all prior agreements, understandings, or representations.

21. Acceptance

By purchasing products, registering for services, attending events, participating in training, or using EQ Africa platforms in any manner, the Customer acknowledges that they have read, understood, and agreed to be legally bound by these Terms of Service.