Access Energy - Terms of service.

1. Agreement

1.1 These Terms and Conditions govern the access or use by you of the applications, websites and services, including the Access Energy service (the Services), which are owned and made available by Open Access Energy (Pty) Ltd (OA Energy).

1.2 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

1.3 By accessing and/or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.

1.4 These Terms and Conditions are to be read with OA Energy’s policies and manual, which can be accessed here https://www.openaccess.energy/privacy-policy

2. Licence

2.1 OA Energy grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable licence to access and use the Services (Licence).

2.2 The Licence is provided to you free of charge, at the sole and absolute discretion of OA Energy and is subject to your compliance with these Terms and Conditions.

2.3 OA Energy has the right to immediately suspend or terminate your Licence at any time and for any reason whatsoever, including as a result of your breach of these Terms and Conditions.

3. OA Energy Account

3.1 You will be provided with an account to access the Services (the Account). The Account has two types of users: a “System Administrator” and “Customers”.

3.2 The System Administrator takes full responsibility for all aspects of the Account, including:

(a) keeping their access details, including their username and password, confidential;

(b) not allowing other people to use their access details;

(d) determining permission requirements for Customers;

(e) any access or use of the Account, including the access or use of the Account by the Customers and unauthorised users.

3.3 Each Customer is responsible for:

(a) keeping their access details, including their username and password, confidential;

(b) not allowing other people to use their access details; and

(c) jointly and severally with the System Administrator, any access or use of the Account using their username and password, including the access or use of the Account by unauthorised users.

3.4 You are entitled to change your password at any time. OA Energy may determine the requirements that will need to be met in respect of the password. These requirements may be changed at any time by OA Energy and you will accordingly be required to change your password.

3.5 You warrant that all information provided by you to OA Energy on the Services, or by any other means, shall be true, accurate and correct and you undertake to continuously update the information as soon as is practically possible following any changes.

4. Services

4.1 The Services include access to and use of the Access Energy service.

4.2 OA Energy reserves the right to change the Services at any time. You will be notified of any material changes.

5. Maintenance

5.1 OA Energy conducts maintenance on the Services which may result in downtime for the Services.

5.2 You will be notified of all scheduled maintenance. There may be instances where urgent maintenance is required in which case it may not be possible to notify you in advance.

5.3 OA Energy shall not be held liable for any loss or corruption of data while accessing or using the Services, including during any maintenance period.

6. Devices and Network Access

6.1 You are responsible for obtaining and maintaining a compatible device and/or computer to access and use the Services. OA Energy does not guarantee that its Services will function on all devices and computers.

6.2 Your cellular network provider may charge you for accessing the Services or for any usage of the Services on your device and/or computer. OA Energy cannot be held responsible for these charges.

6.3 The Services will not function and/or experience delays if the device or computer does not have access to the internet.

7. Electronic Communications

7.1 You consent to receiving communication from OA Energy using electronic means, including emails, WhatsApp messages and pop-up notifications.

7.2 Any electronic communication sent to you shall be deemed to have been received when the communication has entered an information system designated or used for that purpose and is capable of being retrieved and processed by you.

8. Intellectual Property Rights

8.1 All intellectual property rights relating to the Services and all content and data on it, including content that is made available to you and data that is captured or produced by you, are owned by OA Energy (Intellectual Property Rights).

8.2 You are prohibited from:

(a) Accessing the Services without permission;

(b) copying or altering the Services or any variations of it, including:

(i) impairing the functionality of the Services;

(ii) undermining the security and/or integrity of the systems or networks used by the Services;

(iii) transferring malware onto the Services;

(d) reverse engineering the Services.

8.3 You shall keep confidential all information which you obtain in relation to the Intellectual Property Rights and shall not pass on any information to third parties without the prior written consent of OA Energy.

9. Termination

9.1 You are entitled to give notice of the termination of your Account at any time. Notice may be given using the Services or the contact details in clause 19.

9.2 Upon the termination of your Account:

(a) your right to access and use the Services shall immediately be revoked by OA Energy; and

(b) you shall, if applicable, surrender to OA Energy all materials relating to the Intellectual Property Rights, including all memoranda, documents, writings, computer records, data and other materials relating to the Intellectual Property Rights.

10. DISCLAIMER

10.1 OA ENERGY DOES NOT GUARANTEE THE OPERATION OR SECURITY OF THE SERVICES, INCLUDING:

(a) CONTINUOUS ACCESS TO THE CONTENT AND DATA ON THE SERVICES;

(b) NO LOSS OR CORRUPTION OF DATA;

(d) WHETHER THE SERVICES, THE CONTENT AND DATA ON IT, ANY HYPERLINK OR COMMUNICATION SENT TO YOU IS FREE FROM MALWARE, INCLUDING VIRUSES.

10.2 YOU ACCEPT THAT SOME OF THE CONTENT AND DATA ON THE SERVICES COMES FROM EXTERNAL SOURCES AND YOU AGREE THAT OA ENERGY IS NOT RESPONSIBLE FOR ANY ERRORS, INACCURACIES OR INCOMPLETE INFORMATION. IT IS YOUR RESPONSIBILITY TO VERIFY THE ACCURACY OF ANY CONTENT OR DATA ON THE SERVICES.

11. INDEMNITY AND LIMITATION OF LIABILITY

11.1 YOU AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK AND OA ENERGY SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONTINGENT OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER ARISING, WHETHER BASED ON CONTRACT, DELICT, STRICT LIABILITY OR OTHERWISE.

11.2 BY USING THE SERVICES, YOU INDEMNIFY AND HOLD OA ENERGY, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS (AND THE COSTS INCURRED IN DEFENDING SUCH CLAIMS AND ANY COSTS FOUND TO BE PAYABLE TO THIRD PARTIES IN RESPECT OF SUCH CLAIMS), LIABILITIES, DAMAGES AND LOSSES ARISING FROM OR IN CONNECTION WITH ITS USE OF THE SERVICES, AND/OR ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS.

12. Amendments to these Terms and Conditions

12.1 You agree that OA Energy has the right to unilaterally amend the Terms and Conditions at any time.

12.2 The latest version of the Terms and Conditions shall:

(a) be accessible on the Services each time you access them; and

(b) shall apply each time you access the Services.

13. Processing Your Information

13.1 Your attention is drawn to OA Energy’s Protection of Personal Information Act, 4 of 2013 (POPI) policy which can be accessed here https://www.openaccess.energy/privacy-policy

13.2 OA Energy collects your information (personal and/or special personal information) when you use the Services or contact OA Energy electronically.

13.3 By using the Services, you expressly consent to OA Energy:

(a) collecting your information directly from you and/or from any other source;

(b) processing and further processing your information;

(d) giving your information to any person who provides services to OA Energy or acts as a third party vendor or to whom OA Energy has transferred or proposes to transfer any of its rights and duties as contained in these Terms and Conditions; and

(e) sharing information with OA Energy’s service providers, as necessary.

13.4 You confirm that OA Energy may process your information for any purpose related to the Services.

13.5 OA Energy shall implement all reasonable security measures to ensure that your information is processed securely.

13.6 Please immediately contact legalnotices@openaccess.energy OA Energy should you wish for OA Energy to cease processing your information.

14. Processing Third Party Information

14.1 The Services use third party information to perform their functions.

14.2 The third party information will be accessed and used by you when using the Services.

14.3 Your attention is drawn to POPI. You warrant that you are familiar with POPI and the meaning of terms defined in POPI. Terms contained in this clause 14 (capitalized or otherwise) shall, unless otherwise defined, bear the meaning assigned to them in POPI.

14.4 By using the Services, you warrant and undertake that:

(a) you will comply with all of the provisions of POPI, if applicable, in the processing of any personal information of third parties;

(b) without limiting the generality of the aforegoing, you will:

(i) secure the integrity and confidentiality of any third-party personal information, obtained through the Services or otherwise, by taking appropriate technical and organisational measures to prevent:

(A) loss, damage to or unauthorised destruction of personal information; and

(B) unlawful access to or processing of personal information;

(ii) have due regard to generally accepted information security practices and procedures;

(iii) process and/or make use of personal information strictly within the ambit of consent provided by the person to who the personal information relates; and

(iv) process personal information in a reasonable manner that does not infringe the privacy of any individual; and

(c) any third-party personal information provided by You to OA Energy, using the Services or otherwise, is or will be lawfully obtained, lawfully processed, and lawfully provided to OA Energy.

15. Cookies

15.1 A cookie is a small text file which is placed on your electronic device when you access the Services. Cookies allow OA Energy to:

(a) recognise you whenever you visit the Services – this speeds up your access;

(b) obtain information about your preferences, online movements and use of the internet;

(c) carry out research and statical analysis to help improve OA Energy’s content, products and services and to help us better understand our visitors requirements and interests;

(d) target OA Energy’s marketing and advertising campaigns more effectively by providing relevant advertisements; and generally making your online experience more efficient and enjoyable;

(e) by using the Services you consent to OA Energy’s use of cookies and other similar technologies. If you no longer wish for OA Energy to make use of cookies or other similar technologies, you may modify the settings of your browser to reject cookies or disable cookies entirely.

16. Third Party Websites and Applications

16.1 The Services may contain links to third party websites and applications. OA Energy may provide such links as a convenience and does not necessarily endorse the linked websites and applications or their respective businesses.

16.2 OA Energy is not responsible for the content on any linked website or application.

16.3 OA Energy may have third parties provide services relating to the Services, including development, maintenance and security services. OA Energy shall take all reasonable steps to ensure that the third parties comply with OA Energy’s policies, including OA Energy’s POPI Policy.

17. Dispute Resolution

17.1 Any dispute arising from or in connection with these Terms and Conditions will be finally resolved by arbitration in accordance with the Rules of the Association of Arbitrators (Southern Africa) (Rules) or its successor current at the date of the dispute arising.

17.2 The arbitrator will be a person mutually agreed on or, in the absence of agreement, appointed by the Association of Arbitrators (Southern Africa) or its successor, subject to the provisos that:

(a) articles 3 and 4 of the Rules relating the issuing of a notice of arbitration and response will not be prerequisites to the making of the appointment; and

(b) the arbitrator so appointed must be a practising senior counsel, a retired judge or an attorney with at least 15 years’ experience in practice.

17.3 Subject to the provisions in clauses 15.1 and 15.2, the arbitration proceedings will be conducted in accordance with the provisions of the Arbitration Act, 1965, or its successor.

18. General

18.1 These Terms and Conditions are governed by and must be interpreted and construed in accordance with the laws of the Republic of South Africa.

18.2 You may not cede any rights under these Terms and Conditions without the prior written consent of OA Energy. You consent to OA Energy ceding any of its rights under these Terms and Conditions.

18.3 Any indulgence by OA Energy, or failure strictly to enforce these Terms and Conditions, must not be construed as a waiver or be capable of founding an estoppel.

18.4 If any part of these Terms and Conditions is, for any reason whatsoever, declared or becomes unenforceable, invalid or illegal, these Terms and Conditions must be interpreted so as to exclude the offending provision but retain the essential terms of these Terms and Conditions.

19. Contact Details

Any feedback, complaints, notices and/or claims can be brought to the attention of OA Energy using either the Services or the following contact details:

19.1 Telephone number: +27837217011

19.2 Email address: legalnotices@openaccess.energy