GasKit is a Hardware and Software solution aimed at LP Gas Suppliers and Distributors.

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. Introduction

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.

1.2. These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the "Terms") apply to any Consumer who/which uses the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as "Consumer", "User", "you" or "your").

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. Terminology

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

Indigas undertakes as far as is possible, to protect each Consumer"s private information in accordance with its Privacy Policy located at https://www.gaskit.co.za/privacy, and not provide same to any third party, same as may be necessary in order to perform all such Services as required in terms of these Terms.

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. Disclaimer

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. Copyrights

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.

12. Assignment

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. General

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.

14.2. To the extent necessary and/or possible, you consent to the exclusive jurisdiction of the South Gauteng High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, this Privacy Policy, our Services, and/or related agreements incorporated by reference.

15. Severance

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:

16.1.1.

Indigas:
10 Bell Crescent,
Hennopspark Ext 7,
Gauteng,
South Africa,
0157;
Email: nolan@indigas.co.za

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.

GasKit Privacy Policy

READ THIS POLICY CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF THE SERVICES. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THIS POLICY. ALL SECTIONS OF THIS POLICY ARE APPLICABLE TO BOTH MEMBERS AND GUESTS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

1. Introduction

1.1 This Privacy Policy is to be read as if specifically incorporated into the Terms of Service, available at: https://portal.gaskit.co.za/terms.

2. Privacy Policy

2.1 For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 ("the Act"). GasKit also subscribes to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.

2.2 In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure.

2.3 Users will be prompted to register an account with GasKit. In so doing, users may be asked to provide the following information (Personal Information):

2.3.1 Firstname.

2.3.2 Surname.

2.3.3 Physical address.

2.3.4 Phone number.

2.4 We will attempt to limit the types of Personal Information we process to only that to which you consent to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, MMS and other mobile services), but, to the extent necessary, your agreement to these this Privacy Policy constitutes your consent as contemplated in section 69 of the Act.
2.5 All payment information will be captured through the Website. Further, GasKit shall not retain payment information on behalf of its users.

2.6 We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.

2.7 By agreeing to the terms contained in this Privacy Policy, you consent to the use of your Personal Information in relation to:

2.7.1 The provision and performance of the services;

2.7.2 Informing you of changes made to our website;

2.7.3 Responding to any queries or requests you may have;

2.7.4 Developing a more direct and substantial relationship with users for the purposes described in this clause;

2.7.5 Developing an online user profile;

2.7.6 For security, administrative and legal purposes; and

2.8 Although absolute security cannot be guaranteed on the internet, GasKit has in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.

2.9 While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.

2.10 We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database. If the location of the central database is located in a country that does not have substantially similar laws which provide for the protection of Personal Information, we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction.

2.11 Your information will not be stored for longer than is necessary for the purposes described in these Terms or as required by applicable legislation.

2.12 The Personal Information GasKit collects from users shall only be accessed by GasKit employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.

2.13 GasKit shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to GasKit for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.

2.14 We constantly review our systems and data to ensure the best possible service to our users. We do not accept any users, or representatives of users, under 18 years of age or who otherwise does not have the relevant capacity to be bound by this Privacy Policy.

2.15 We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by GasKit will only be in connection with the provision of our services.

3. Log Files

3.1 When you visit GasKit, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer's operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within GasKit on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.

4. Cookies

4.1 GasKit uses cookies. A cookie is a small piece of information stored on your computer or smart phone by the web browser. The two types of cookies used on the Website are described below:

4.1.1 "Session cookies": These are used to maintain a so-called "session state" and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.

4.1.2 "Permanent cookies": These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the GasKit website to work, but may enhance your browsing experience.

5. Application Of The Electronic Communications And Transactions Act 25 Of 2002 ("Ect Act")

5.1 Data Messages (as defined in the ECT Act) will be deemed to have been received by GasKit if and when GasKit responds to the Data Messages.

5.2 Data Messages sent by GasKit to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.

5.3 Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between users and GasKit.

5.4 Information to be provided in terms of section 43(1) of the ECT Act:

5.4.1 Users warrant that Data Messages sent to GasKit from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.

5.4.2 This Website is owned and operated by Binary Moon (Pty) Ltd, (Registration Number: 2018/084078/07) a private company owned and operated in accordance with the laws of the Republic of South Africa.

5.5 Address for service of legal documents: PO Box 1071, Heritage Hill, Lowlardia, Gauteng, South Africa, 0157.

5.7 GasKit - located at https://gaskit.co.za;

5.8 Email address: info [at] binarymoon.co.za