INDIGAS TERMS OF SERVICE
These Terms of Service ("Terms") are effective as of : 1 August 2018, the "Effective Date"
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
1.1. The website https://www.gaskit.co.za ("the Website") is co-operated by Indigas (Pty) Ltd (bearing registration number: 2016/136595/07) (hereinafter referred to as "Indigas", "we", "our" or "us"). The Terms herein are entered into by and between Indigas and the Consumer. Any reference to "Indigas", "we", "our" or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.3. Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
1.4. To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website, and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.
2.1. The following terminology applies to these Terms:
2.1.1. "Administration Fee" refers to the amount of R149.00 (one hundred and forty nine Rand) charged monthly by Indigas to a Consumer in respect of the Services rendered, and which shall be charged over and above any usage, prior agreements and/or other rental agreements in place at the time between Indigas and the Consumer;
2.1.2. "Administration Services" refer to the compilation and generation of invoices on behalf of Indigas, based on gas consumption/usage data received through the Monitoring Service, and which shall also include the Administration Fee, together with various contract based ancillary services in relation thereto, the holding, storing and maintaining of pay-as-you-go wallets, as well as certain report generation services;
2.1.3. "Monitoring Services" refer to the monitoring and reporting of the gas consumption/usage data of a Consumer through the Website via transmitters contained within consumption meters;
2.1.4. "Party" or "Parties" refers to a Consumer and/or Indigas, as the context requires;
2.1.5. "Services" refers to the Monitoring Services and Administration Services collectively;
2.2. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
3. Your Agreement to these Terms
Subject to, and on the basis of your acceptance of the Terms, Indigas grants you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
4. Description of our Services
We provide, through the Website, a web-based Monitoring Service and Administration Service, as more fully defined in clauses 2.1.2 and 2.1.3 above, pertaining to the consumption and usage of gas, in consideration for the Administration Fee.
5. Pas-As-You-Go Wallet
5.1. Each Consumer shall be allocated a pay-as-you go "wallet" by Indigas, viewable on the Website, which shall in effect operate as a "payment in advance" account for the consumption of gas.
5.2. The pay-as-you go wallet may be topped up on the Website by way of the integrated payment gateway infrastructure provided via independent third party payment service providers, which include, but shall not be limited to, SnapScan and credit cards. Further alternatives include EFT.
5.3. The Consumer shall receive a notification by email prior to their account reaching a nil balance based on the consumption of gas, thus allowing the Consumer to transfer funds into their pay-as-you go wallet through the payment gateway infrastructure on the Website, as and when necessary, in order to permit the continued consumption of gas.
6. Registration of Consumers
Only those Consumers on behalf of which Indigas creates an account for on the Website, shall be permitted to use the Website and its Services.
7. Protection of Personal Information
8. Refund Policy
There will be no refunds on any Services as provided in respect of these Terms, however in the event of a Consumer closing its account for any reason, then, and in that event, such amount as may be in credit in the Consumer"s pay-as-you-go wallet (less any Administrative Fees, bank charges and the like, which may be owing) shall be refunded to the Consumer into a bank account as nominated by it.
9.1. Indigas makes no express, implied or statutory representations, warranties, or guarantees in connection with the Website, the Services, any other Users of the Website, including but not limited to partners, or third parties, or any materials on the Website relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on the Website.
9.2. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Website, materials, and any information or material contained or presented on the Website is provided to you on an "as is," "as available" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.
9.3. Without limiting the generality of the foregoing, Indigas makes no warranty that the Website will meet a User"s requirements, or that the Website will be uninterrupted, timely, secure, error free or that defects in the Website will be corrected.
9.4. Indigas makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website. No advice or information, whether oral or written, obtained by a User through the Website or from Indigas or a third party service provider (if applicable) shall create any warranty enforceable as against Indigas.
9.5. To the maximum extent permissible by applicable laws, Indigas denounce any fiduciary responsibilities to any Users of the Website.
10. Unauthorised Use of The Website
10.1. You are specifically not permitted to use the Website in any of the following ways (which list should not be deemed to be exhaustive of Indigas" rights in this regard):
10.1.1. For any public or commercial exploitation which includes the use of this Website on another site or through a networked computer environment;
10.1.2. In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Website;
10.1.3. To stalk, harass, or harm another individual;
10.1.4. To impersonate any person or entity or otherwise misrepresent the true state of affairs;
10.1.5. To interfere with or disrupt the Website or servers or networks connected to the Website;
10.1.6. To use any data mining, robots, or similar data gathering or extraction methods in connection with the Website; or
10.1.7. Attempt to gain access to any portion of the Website, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
11.1. The contents of the Website are the property of Binary Moon (Pty) Ltd, and in some instances, external third parties from which those components are validly licensed, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website is Indigas" exclusive property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
11.2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without the prior written permission of Indigas, and further, should such consent be provided, Indigas reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
11.3. You are expressly prohibited to "mirror" any content, contained on the Website on any other server unless with the prior written permission of Indigas, and further, should such consent be provided, Indigas reserves its right to withdraw such consent at any stage, in its sole and absolute discretion.
11.4. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray Indigas, its affiliates, or its Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without the express permission of Indigas, its affiliates or content suppliers.
11.5. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Website are the exclusive property of Indigas, alternatively external parties form which they are licensed.
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion and without any prior notice to you.
13. Force Majeure
Without limiting the foregoing, no Party to these Terms shall be held liable for any failure to perform in terms of these Terms if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, telephone service or internet connectivity, server failure, or technological failure. Neither you, nor Indigas, are entitled to terminate these Terms in such circumstances. Any Party affected by such event shall forthwith inform the other Party of same, and shall use all reasonable endeavours to comply with the Terms.
14.1. To the extent permitted by law, these Terms shall be governed by and construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by Indigas to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
16. Domicilium Citandi Et Executandi and Contact Information
16.1. The Parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
10 Bell Crescent,
Hennopspark Ext 7,
Contact Person: Nolan Cohen
16.1.2. Consumer: The address as captured on the Site by Indigas when opening an account for such Consumer.
16.2. A Party may change its domicilium to any other physical address or email address by written notice to the other party to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
16.3. All notices to be given in terms of these Terms will:
16.3.1. be given in writing;
16.3.2. be delivered or sent by email; and
16.3.3. be presumed to have been received on the date of delivery.
16.4. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.