Terms & Conditions

Definitions:

Agreement: The agreement between Elec Software and the User, constituted by these terms and conditions (including Elec Software’s Privacy Policy), in accordance with which Elec Software will provide the Service.

Commercially Reasonable Endeavours: means taking all such steps and performing them in such a way as a well-managed company would undertake to achieve a particular desired result for its own benefit assuming such company was acting in a determined, prudent, and reasonable manner.

Elec Software: Elec Software Private Metering (Pty) Ltd, being the company that makes unique private metering and energy solutions available to Users.

Parties: Elec Software and User collectively; Party will mean either of them as the context requires.

Service: The private metering solution service that Elec Software provides under this Agreement.

Third Party: Any other party with which Elec Software interfaces in order to ensure the Service is provided to the User. These include, but are not limited to, municipalities, private metering companies, Internet platforms, and vending companies contracted by municipalities.

User: A consumer making use of Elec Software’s services and/or website.

Terms and Conditions

1. Introductory

Elec Software will provide the Service in accordance with the Agreement. The Agreement will not in any way overrule, eliminate, or adjust the terms and conditions entered into between any User and his/her service provider.

2. Copyright

Neither Third Parties nor Users may use an Elec Software logo or other proprietary graphic or trademark of Elec Software to link to this website without the express written permission of Elec Software. Elec Software may revoke this right at any time without providing reasons for the revocation. Third Parties or Users are granted a limited, non-exclusive right to create a hyperlink to this website provided such link does not portray Elec Software in a false, misleading, derogatory, or defamatory manner.

3. Intellectual Property Rights

All the trademarks, data, and content on this website, including but not limited to software, databases, text, video clips, graphics, icons, hyperlinks, private information, designs and agreements, are the property of, or are licensed to Elec Software. All these are protected from infringement by a third party, in terms of local and international legislation and treaties.

4. Privacy

4.1 The details any User provides on this website will not be given to any Third Party for any reason other than stated by our Privacy Policy.

4.2 At Elec Software Private Metering (Pty) Ltd (“The Company”) (and including this website, POPI Act-Compliance) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.

4.3 Access to Information:
In accordance with section 83(3)(d) of PAIA, kindly find the following forms available for download:

• REQUEST FOR ACCESS TO RECORD
• OUTCOME OF REQUEST AND OF FEES PAYABLE
• INTERNAL APPEAL FORM

4.4 By accepting these Terms & Conditions, your (Company / Private person) understand your right to privacy and the right to have your personal information processed in accordance with the conditions for the lawful processing of personal information and hereby give your consent to the Company to collect, process and distribute relevant personal information where the company is legally required to do so. By accepting these Terms & Conditions, you understand and consent to the Company sharing your personal information strictly for the purposes hereof as set out above and in their Privacy Policy.

5. Disclaimer and Warranty

5.1 Users understand and agree that this website and the information, services, and materials available through it are provided on an “as is” and “as available” basis and without any service levels. Users expressly agree that use of this website is at their own and sole risk.

5.2 To the fullest extent permissible, according to applicable law, Elec Software and its affiliates disclaim all warranties of any kind, either express or implied, including but not limited to any warranties of title, or implied warranties of merchantability or fitness for a particular purpose. No oral or written information provided by Elec Software or its affiliates, officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like will create a warranty; nor may the User rely on any such advice or information.

5.3 The User expressly agrees that use of this website, including all content, data or software distributed by, downloaded, or accessed from or through this website, is at his/her sole risk. The User understands and agrees that he/she will be solely responsible for any loss or damage to his/her business or his/her computer system or loss of data that results from the download of such content, data and/or software.

5.4 The User acknowledges that Elec Software or any of its affiliates do not in any respect control any information, products or services offered by Third Parties on or through this website, except as otherwise agreed in writing. Elec Software and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content distributed or made available by Third Parties through this website.

5.5 Neither Elec Software nor any affiliate makes any warranty that this website or its contents will meet the User’s requirements, or that the site or content will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Elec Software does not represent or warrant that materials in this website or information provided by Elec Software via email or other means, are accurate, complete, reliable, current or error free. Nor does Elec Software make any warranty as to the results that may be obtained from the use of Elec Software or its content or to the accuracy, completeness or reliability of any information obtained through use of this website. Elec Software will not be liable for the acts or omissions of any Third Party.

5.6 Elec Software assumes no responsibility for any loss or damages suffered by the User, including, but not limited to, loss of data from delays, non-deliveries of content, SMS’s or email, network or system outages, file corruption or service interruptions caused by the negligence of Elec Software, its affiliates or the User’s own errors and/or omissions. Elec Software disclaims any warranty or representation that confidentiality of information transmitted through this website will be maintained. All the information appearing on this website is provided without a representation or warranty whatsoever, whether expressed or implied, and Elec Software and its affiliates disclaims any liability to the User in this regard.

6. Disputes

The Parties agree irrevocably that any dispute whatsoever arising from these terms and conditions will be settled as follows:

6.1 The Parties will firstly use their Commercially Reasonable Endeavours to settle the dispute amicably between them through negotiation. This entails that the one Party invites the other in writing to a meeting to attempt to resolve the dispute within thirty (30) days from the date of written invitation;

6.2 Should such negotiation fail to resolve the dispute; the Parties irrevocably agree that the dispute will be referred to administered mediation upon the terms set by the Arbitration Foundation of South Africa (“AFSA”);

6.3 Should the mediation fail to resolve the dispute; the Parties agree irrevocably that the dispute will be finally settled by arbitration. The arbitration proceedings will be conducted according to AFSA’s rules for domestic arbitration (“Rules”), in Johannesburg, South Africa, in English before a single arbitrator appointed in terms of the Rules if the amount in dispute is less than R1 000 000 (one million rand) or three arbitrators appointed in terms of the Rules if the amount in dispute is greater than R1 000 000 (one million rand).

6.4 The arbitrator will have regard to the desire of the Parties to dispose of such dispute expeditiously, economically and confidentially; and will be obliged to provide written reasons for his decision.

6.5 The Parties irrevocably agree that the decision in the arbitration proceedings will be final and binding on the Parties and will be carried into effect; and may be made an order of any court of competent jurisdiction.

6.6 The arbitrator will make an award in respect of the costs of the arbitration having regard to the substantive success of each Party’s argument in the outcome of the proceedings.

6.7 The nature of any dispute arising from this Agreement and the resolution thereof in terms of this clause, which will include any testimony and/or evidence presented in terms of the provisions of this dispute resolution clause, and any settlement agreement in terms of this clause as well as any arbitration award, will be held in confidence between the Parties.

This clause will not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the outcome of the negotiations, mediation or decision of the arbitrator(s) as the case may be from time to time. The provisions of this clause will continue to be binding on the Parties notwithstanding any termination or cancellation of this Agreement.

7. Limitation of Liability

7.1 Elec Software will not be liable to any User for (a) indirect, consequential, punitive or special damages and/or (b) lost opportunities or loss of data, howsoever arising, whether or not caused by its employees, agents and/or contractors, and regardless of form or cause of action and whether the loss or damages was foreseen or not.

7.2 Elec Software or any affiliate will have no liability to the User in connection with any service or otherwise, purchased or used as a result of this website or the Service. It is expressly understood that the User is aware that Elec Software provides the Service to bring private metering and electricity consumer together and accepts no responsibility for the quality, reliability, safety, function, sustainability or otherwise, of a service used, or otherwise, as a result of the use of this website.

8. General

8.1 This Agreement constitutes the whole agreement between the Parties relating to the subject matter hereof. No amendment, alteration, variation, novation or consensual cancellation of this Agreement (including this clause 8) or addition thereto will be of any force or effect unless reduced to writing and signed by the Parties.

8.2 No waiver of, or failure, delay, relaxation or indulgence on the part of either Party in exercising any power or right conferred on such Party in terms of this Agreement will operate as a waiver of such right, unless it is expressed in writing and signed by the Party giving the same, and it will be effective only in the specific instance and for the purpose given. No single or partial exercise of any such power or right will preclude any other or further exercises of that power or right in terms of this Agreement.

8.3 If a court declares a provision of this Agreement to be invalid, the validity of the other provisions remains unaffected.

8.4 Any provision of this Agreement that contemplates performance or observance subsequent to termination or expiration of this Agreement or which must necessarily continue to have effect after such expiration or termination, will survive the termination or expiration of this Agreement, notwithstanding that the provision itself does not expressly provide for this.

8.5 Nothing in this Agreement constitutes either Party as the agent, principal, representative, joint-venturer or partner of the other, and neither Party may represent the contrary to any third party. The relationship between the Parties will not be deemed to be one of employer and employee, whether in terms of the common law or any legislation that applies to an employer-employee relationship.

8.6 This Agreement supersedes all other agreements relating to the subject matter of this Agreement.

8.7 Neither Party may rely on any representation made prior to the conclusion of this Agreement, even if such representation induced the Party that wishes to rely on it, to conclude the Agreement, unless that representation is recorded in this Agreement.

8.8 This Agreement will be construed and given effect to in terms of the laws of South Africa.