Terms & Conditions

• a) “ESLON” means the ESLON brand and trading name operated by Tusk and Cloud (Pty) Ltd, a private company with registration number 2025/984487/07, which acquired ESLON on 28 June 2026;
• b) “ESLON website” means the ESLON website located at https://eslon.co.za and includes any part or element thereof, as well as any other website linked to it of which ESLON is the registered owner of the domain name;
• c) “User” means any person who enters or uses the ESLON website, notwithstanding the fact that such a person only visited the home page of the ESLON website;
• d) References herein to the singular include the plural and vice versa; and
• e) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these terms and conditions.

ESLON is a South African technology company that delivers innovative software solutions, including web and application development, cybersecurity, AI integration, business consulting, data engineering and analytics, and physical security systems. ESLON is operated by Tusk and Cloud (Pty) Ltd, a private company (registration number 2025/984487/07), following its acquisition by Tusk and Cloud on 28 June 2026. Through this website, ESLON provides information about its services and enables Users to engage with the company online.

• 2.1 ESLON licenses the User to view, download and print the content of the ESLON website, provided that such content is used for personal, educational, non-commercial purposes and/or commercial purposes linked to the business objectives of ESLON only;
• 2.2 Content from the ESLON website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of ESLON;
• 2.3 Users may only access and use the ESLON website for legal purposes;
• 2.4 The caching of the ESLON website shall only be allowed if:
  • The purpose of the caching is to make the onward transmission of the content from the ESLON website more efficient;
  • The cached content is not modified in any manner whatsoever;
  • The cached content is updated at least every 12 (twelve) hours; and
  • The cached content is removed or updated when so required by ESLON.
• 2.5 If any User uses content from the ESLON website in breach of the provisions detailed herein:
  • ESLON reserves the right to claim damages from the User;
  • ESLON reserves the right to institute criminal proceedings against the User; and
  • ESLON shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
• 2.6 Hyperlinks to the ESLON website from any other source shall be directed at the home page of the ESLON website. ESLON shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the ESLON website, if such content was accessed through a hyperlink not directed at the home page of the ESLON website. Persons that wish to link to content beyond the home page of the ESLON website shall do so at their own risk and indemnify ESLON against any loss, liability or damage that may result from the use of content from the ESLON website, if such content was accessed through a hyperlink not directed at the home page of the ESLON website;
• 2.7 No person may frame the ESLON website, in any manner whatsoever, without the prior written consent of ESLON;
• 2.8 Apart from bona-fide search engine operators and use of the search facility provided on the ESLON website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the ESLON website for any purposes, without the prior written consent of ESLON; and
• 2.9 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by ESLON at any time without giving reasons therefore.

All intellectual property on the ESLON website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to ESLON and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the ESLON website are expressly reserved.

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the ESLON website and/or download content from this website.

Access to the services, content, software and content downloads available from the ESLON website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and ESLON has the duty to disclose the following information:

• 5.1 The full name and legal status of the website owner: Tusk and Cloud (Pty) Ltd, a private company;
• 5.2 Company registration number: 2025/984487/07;
• 5.3 Street address: 1200 Innovation Drive, Suite 400, San Francisco, CA 94105;
• 5.4 Physical address for receipt of legal service: 1200 Innovation Drive, Suite 400, San Francisco, CA 94105;
• 5.5 Telephone Number: +27 76 977 5678;
• 5.6 Main business: ESLON is a South African technology company operated by Tusk and Cloud (Pty) Ltd that provides innovative software solutions across web development, cybersecurity, AI integration, business consulting, data engineering and analytics, and physical security systems;
• 5.7 The website address of the ESLON website is: https://eslon.co.za;
• 5.8 The official e-mail address of the ESLON website is: info@eslon.co.za;
• 5.9 Data privacy policy: ESLON Data Privacy and Security Policy;
• 5.10 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
  • access to the ESLON website;
  • the inability to access the ESLON website;
  • the services and content available from the ESLON website; or
  • these terms and conditions,

  shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.

• 5.11 The costs associated with the access and use of the ESLON website are as follows: Free;
• 5.12 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website; and
• 5.13 Users may lodge complaints concerning the ESLON website at info@eslon.co.za. Users hereby assign the copyright in such complaints to ESLON and understand that ESLON may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.

ESLON expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

• change these terms and conditions;
• change the content and/or services available from the ESLON website;
• discontinue any aspect of the ESLON website or service(s) available from the ESLON website; and/or
• change the software and hardware required to access and use the ESLON website.

• 7.1 ESLON shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);
• 7.2 ESLON may electronically collect, store and use, amongst other, the following personal information of Users:
  • name and surname;
  • contact details;
  • non-personal browsing habits and click patterns;
  • e-mail address; and
  • IP address.
• 7.3 ESLON collects, stores and uses the abovementioned information for the following purposes:
  • to communicate requested information to the User;
  • newsletter database;
  • registration and/or authentication of Users; and
  • to compile non-personal statistical information about browsing habits, click-patterns and access to the ESLON website;
• 7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;
• 7.5 ESLON may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
  • ESLON shall not disclose personal information from Users unless the User consents thereto;
  • ESLON shall disclose information without the User's consent only through due legal process; and
  • ESLON may compile, use and share any information that does not relate to any specific individual;
• 7.6 ESLON owns and retains all rights to non-personal statistical information collected and compiled by ESLON.

For full details on how ESLON processes personal information, please refer to our Data Privacy and Security Policy.

• 8.1 ESLON may provide hyperlinks to websites not controlled by ESLON (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
• 8.2 ESLON does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

• 9.1 ESLON shall take all reasonable steps to secure the content of the ESLON website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, ESLON does not make any warranties or representations that content shall be 100% safe and secure;
• 9.2 ESLON is under no legal duty to encrypt any content or communications from and to the ESLON website and is also under no legal duty to provide digital authentication of any page on the ESLON website;
• 9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the ESLON website or the server and computer network that support the ESLON website;
• 9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the ESLON website, whether on purpose or negligently, shall, without any limitation, indemnify and hold ESLON harmless against any and all liability, damages and losses ESLON and its partners/affiliates may suffer as a result of such damaging code;
• 9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the ESLON website and ESLON reserves the right to claim damages from any and all persons concerned with a security failure or breach; and
• 9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by ESLON and its partners/affiliates.

• 10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, ESLON (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
  • access to the ESLON website;
  • access to websites linked to the ESLON website;
  • inability to access the ESLON website;
  • inability to access websites linked to the ESLON website;
  • content available on the ESLON website;
  • services available from the ESLON website;
  • downloads and use of content from the ESLON website; or
  • any other reason not directly related to ESLON's gross negligence.
• 10.2 The ESLON website is supplied on an “as is” basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with ESLON, that the content available from and through the ESLON website meets the User's individual requirements and is compatible with the User's computer hardware and/or software;
• 10.3 Information, ideas and opinions expressed on the ESLON website should not be regarded as professional advice or the official opinion of ESLON and Users are encouraged to seek professional advice before taking any course of action related to the information, ideas or opinions expressed on the ESLON website;
• 10.4 ESLON does not make any warranties or representations that content and services available from the ESLON website will in all cases be true, correct or free from any errors. ESLON shall take all reasonable steps to ensure the quality and accuracy of content available from the ESLON website and encourage Users to report incorrect and untrue information subject to the right of ESLON to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website; and
• 10.5 ESLON does not make any warranties or representations that the ESLON website shall be available at all times. Users acknowledge that the ESLON website may be unavailable due to updates or other causes beyond the reasonable control of ESLON, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God.”

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the ESLON website to ESLON and ESLON undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

• 12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to ESLON's right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the ESLON website, its staff and employees; and
• 12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

• 13.1 These terms and conditions constitute the entire agreement between ESLON and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by ESLON from the User;
• 13.2 Any failure by ESLON to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and
• 13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

The User and ESLON agree that:

• 14.1 the User shall be bound to these terms and conditions and such agreement is concluded in the Republic of South Africa at the time the User enters the ESLON website for the first time;
• 14.2 data messages (as defined in the ECT Act) addressed by the User to ESLON shall only be deemed to have been received if and when responded to;
• 14.3 data messages (as defined in the ECT Act) addressed to the User by ESLON shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
• 14.4 data messages (as defined in the ECT Act) addressed by the User to ESLON shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
• 14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and ESLON; and
• 14.6 The User agrees and warrants that data messages that are sent to ESLON from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

Subject to clause 5.10, the ESLON website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the ESLON website, its content, services and these terms and conditions.

ESLON shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.