1. WEBSITE TERMS AND CONDITIONS OF USE
1.1. This document sets out the terms and conditions ("Terms")
of PEC Utility Management (Pty) Ltd (Registration number:
("Service Provider") pertaining to the access and use of the information,
products, services, functions, portals and/or any links displayed on
1.2. Should any person that access the Website ("you" or "user") disagree
with any of the Terms, you must refrain from accessing the Website and/or
using our services.
1.3. If you are under the age of 18, you must obtain your parents' or legal
guardians' advance authorisation, permission and consent to be bound by
these Terms before purchasing any products or services.
1.4. Service Provider reserves the right, in its sole discretion, to amend
and/or replace any of, or the whole of, the Terms. Such amendments shall
supersede and replace any previous Terms and shall be made available on the
Website. Each time a user accesses the Website and/or uses the services,
the user shall be deemed to have consented, by such access and/or use, to
the Terms, as amended and/or replaced by Service Provider from time to
time. If your are not satisfied with the amended Terms, you should refrain
from using the Website.
1.5. We will however give you prior notice where we have collected personal
information from you and the purpose for which we collected that
information, is affected by the intended amendment.
2. CONTENT OF THE WEBSITE
2.1. Service Provider reserves the right to make improvements, to change or
to discontinue, without notice, any aspect or feature of the Website and
any information or content on the Website.
2.2. Service Provider reserves the right to change and amend the products,
prices and rates quoted on this Website from time to time without notice.
2.3. Service Provider may use the services of third parties to provide
information on the Website. Service Provider has no control over this
information and makes no representations or warranties of any nature as to
its accuracy, appropriateness or correctness. The user agrees that such
information is provided "as is" and that Service Provider and its online
partners shall not be liable for any losses or damages that may arise from
the user's reliance on it, howsoever these may arise.
2.4. Service Provider makes no representations or warranties, whether
express or implied, as to the accuracy, completeness or reliability of any
information, data and/or content on the Website, including without
2.4.1. Service Provider does not warrant that the Website or information or
downloads shall be error-free or that they shall meet any particular
criteria of performance or quality. Service Provider expressly disclaims
all implied warranties, including without limitation, warranties of
merchantability, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy;
2.4.2. whilst Service Provider has taken reasonable measures to ensure the
integrity of the Website and its contents, no warranty, whether express or
implied, is given that any files, downloads or applications available via
this Website are free of viruses, or any other data or code which has the
ability to corrupt, damage or affect the operation of the user's system;
2.4.3. Service Provider disclaims any responsibility for the verification
of any claims. Information published on this Website may be done so in the
format in which Service Provider receives it and statements from external
parties are accepted as fact.
3. USAGE RESTRICTIONS
The user hereby agrees that it shall not itself, nor through a third party:
3.1. copy (other than for backup, archival or disaster recovery purposes),
reproduce, translate, adapt, vary, modify, lease, licence, sub-licence,
encumber or in any other way deal with any part of the Website for any
reason and in any manner, unless it is consistent with the intent and
purpose of these Terms;
3.2. decompile, disassemble or reverse engineer any portion of the Website;
3.3. write and/or develop any derivative of the Website or any other
software program based on the Website;
3.4. modify or enhance the Website. In the event of a user effecting any
modifications or enhancements to the Website in breach of this clause, such
modifications and enhancements shall be the property of Service Provider;
3.5. without Service Provider's prior written consent, provide, disclose,
divulge or make available to or permit the use of or give access to the
Website by persons other than the user;
3.6. remove any identification, trademark, copyright or other notices from
3.7. post or transmit, by means of reviews, comments, suggestions, ideas,
questions or other information through the Website, any content which is
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually-explicit, profane or hateful, or racially, ethnically or
otherwise objectionable content of any kind; and/or
3.8. notwithstanding anything contained to the contrary in these Terms, use
the Website for any purpose other than personal, non-commercial and
4.1. In order to ensure the security and reliable operation of the services
to all Service Provider's users, Service Provider hereby reserves the right
to take whatever action it may deem necessary to preserve the security,
integrity and reliability of its network and back-office applications.
4.2. You may not utilise the Website in any manner which may compromise the
security of Service Provider's networks or tamper with the Website in any
manner whatsoever, which shall include without limitation, gaining or
attempting to gain unauthorised access to the Website, or delivering or
attempting to deliver any unauthorised, damaging or malicious code to the
Website, all of which is expressly prohibited. Any person or entity which
does so, or attempts to do so, shall be held criminally liable. Further,
should Service Provider suffer any damage or loss, civil damages shall be
claimed by Service Provider against the user.
4.3. Any user who commits any of the offences detailed in Chapter 13 of the
Electronic Communications and Transactions Act 25 of 2002 ("ECTA")
(specifically sections 85 to 88) shall, notwithstanding criminal
prosecution, be liable for all resulting liability, loss or damages
suffered and/or incurred by Service Provider and its affiliates, agents
5. INTELLECTUAL PROPERTY RIGHTS
5.1. For the purpose of this clause, the following words shall have the
following meanings ascribed to them:
5.1.1. "Intellectual property rights" means all and any of the rights in
and to intellectual property of any nature whatsoever owned and/or
controlled directly or under licence by Service Provider, now or in the
future, including without limitation, Service Provider's rights, title and
interest in and to all technology, source code/s, trade secrets, logos,
systems, methods, trademarks, trade names, styles, insignia, designs,
patents and copyright, and all similar proprietary rights which may subsist
in any part of the world, whether registered or not.
5.1.2. All copyright and other intellectual property rights in all content,
trademarks, software, data, material, including logos, databases, text,
graphics, icons, hyperlinks, confidential information, designs, agreements,
and multimedia works, published on or via the Website ("proprietary
material"), are the property of, or are licensed to, Service Provider and
as such are protected from infringement by local and international
legislation and treaties.
5.2. By submitting reviews, comments and/or any other content (other than
your personal information) to the Service Provider for posting on the
Website, you automatically grant Service Provider and its affiliates a
non-exclusive, royalty-free, perpetual, irrevocable right and licence to
use, reproduce, publish, translate, sub-license, copy and distribute such
content in whole or in part worldwide, and to incorporate it in other works
in any form, media, or technology now known or hereinafter developed, for
the full term of any copyright that may exist in such content. Subject to
this licence, you retain any and all rights that may exist in such content.
5.3. All rights not expressly granted are reserved and no right, title or
interest in any proprietary material or information contained in this
Website is granted to you.
5.4. Except with Service Provider's express written permission, no
proprietary material from this Website may be copied or retransmitted.
5.5. Irrespective of the existence of copyright, the user acknowledges that
Service Provider is the proprietor of all material on the Website (except
where a third party is indicated as the proprietor), whether it constitutes
confidential information or not, and that the user has no right, title or
interest in any such material.
5.6. Service Provider authorises you only to view, copy, temporarily
download to a local drive and to print the content of this Website, or any
part thereof, provided that such content is used for personal purposes and
for information purposes only, and such content is used for non-commercial
6. RISK,LIMITATION OF LIABILITY AND INDEMNITY
6.1. The user's use of this website and the information contained on the
website is entirely at the user's own risk and the user assumes full
responsibility and risk of loss resulting from the use thereof.
6.2. The transmission of information via the internet, including without
limitation e-mail, is susceptible to monitoring and interception. The user
bears all risk of transmitting information in this manner. Under no
circumstances shall service provider be liable for any loss, harm, or
damage suffered by the user as a result thereof. Service provider reserves
the right to request independent verification of any information
transmitted via e-mail and the user consents to such verification should
service provider deem it necessary.
6.3. To the extent permissible by law:
6.3.1. Neither service provider, its affiliates, shareholders, agents,
consultants or employees shall be liable for any damages whatsoever,
including without limitation any direct, indirect, special, incidental,
consequential or punitive damages, howsoever arising (whether in an action
arising out of contract, statute, delict or otherwise) related to the use
of, or the inability to access or use the content of the website or any
functionality thereof, or the information contained on the website, or of
any linked website, even if service provider knows or should reasonably
have known or is expressly advised thereof.
6.3.2. The liability of service provider for faulty execution of the
website as well as all damages suffered by the user, whether direct or
indirect, as a result of the malfunctioning of the website shall be limited
to service provider rectifying the malfunction, within a reasonable time
and free of charge, provided that service provider is notified immediately
of the damage or faulty execution of the website. This liability shall fall
away and be expressly excluded if the user attempts to correct or allows
third parties to correct or attempt to correct the website without the
prior written approval of service provider. However in no event shall
service provider be liable to the user for loss of profits or for special,
incidental, consequential or punitive losses or damages arising out of or
in connection with the website or its use or the delivery, installation,
servicing, performance or use of it in combination with other computer
6.3.3. You hereby unconditionally and irrevocably indemnify service
provider and agree to hold service provider free from all loss, damages,
claims and/or costs, of whatsoever nature suffered or incurred by service
provider or instituted against service provider as a direct or indirect
22.214.171.124. your use of the website;
126.96.36.199. software, programs and support services supplied by, obtained by
or modified by you or any third party without the consent or knowledge of
188.8.131.52. your failure to comply with any of the terms or any other
requirements which service provider may impose from time to time;
184.108.40.206. the actions or requirements of any telecommunications authority or
a supplier of telecommunications services or software; or
220.127.116.11. any unavailability of, or interruption in, the service which is
beyond the control of service provider.
6.4. Service provider makes no warranty or representation as to the
availability, accuracy or completeness of the content of the website. You
expressly waive and renounce all your rights of whatever nature that you
may have against service provider for any loss suffered by you, as a result
of information supplied by service provider being incorrect, incomplete or
which Policy forms part of these Terms. Service Provider takes your privacy
seriously and is committed to protecting your personal information. We use
the personal information that we collect from you in accordance with this
7.2. Personal information when used in this Policy means information that
can identify you as an individual or is capable of identifying you. By
personal information we don't mean general, statistical, aggregated or
7.3. Your use of our services signifies your consent to us collecting and
using your personal information as specified below.
7.4. How we collect information about you:
7.4.1. you may provide personal information to us when communicating with
7.4.2. you may provide personal information to us when using the ‘Client
Login’ link or any other links displayed on the Website;
7.5. How we use your information:
7.5.1. we may use your information to confirm you as a customer;
7.5.2. to validate you as a customer when using our services;
7.5.3. to prevent and detect criminal activity, fraud and misuse of or
damage to our services or networks;
7.6. How long do we keep your information for?
The time periods for which we keep your information may vary according to
the use or purpose attached to the information. Unless there is a specific
legal requirement requiring us to keep your information, however, we will
not keep it for longer than necessary for the purpose for which the
information was collected or for which it is to be processed.
We allocate cookies during the registration process for our services. These
cookies will hold information collected during your registration and will
allow us to recognise you as a customer and provide you with the services
7.8. How can you refuse or opt out of cookies?
Most browsers are set by default to accept cookies automatically, but
usually you can alter the settings of your browser to prevent automatic
acceptance and to prompt you every time a cookie is sent to you or to allow
you to choose not to receive cookies at all.)
8.1. By subscribing as a user, you agree that you shall hold in the
strictest confidence and not disclose to any third party information
acquired in connection with any aspect of the products and/or services
offered by Service Provider. You shall notify Service Provider should you
discover any loss or unauthorised disclosure of the information.
8.2. Any information or material sent to Service Provider will be deemed
not to be confidential, unless otherwise agreed in writing by the user and
9. BREACHOR CANCELLATION BY SERVICE PROVIDER
9.1. Service Provider is entitled without notice, in addition to any other
remedy available to it at law or under these Terms, including obtaining an
interdict, to cancel these Terms, limit or deny such user use of the
Website and services, or to claim specific performance of any obligation
whether or not the due date for performance has arrived, in either event
without prejudice to Service Provider's right to claim damages, should any
9.1.1. breach any of these Terms;
9.1.2. in the sole discretion of Service Provider, use the Website in an
unauthorised manner; or
9.1.3. infringe any statute, regulation, ordinance or law.
9.2. Breach of these Terms entitles Service Provider to take legal action
without prior notice to the user and the user agrees to reimburse the costs
associated with such legal action to Service Provider on an attorney and
own client scale.
10. COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statues, ordinances and
regulations pertaining to your use of and access to this Website.
11.1. Except as explicitly stated otherwise, any notices shall be given by
email to firstname.lastname@example.org (in the case of Service
Provider) or to the e-mail address you have provided to Service Provider
(in your case), or such other address that has been specified.
11.2. Notice shall be deemed given 48 (forty eight) hours after an email is
sent, unless the sending party is notified that the email address is
invalid. Alternatively, Service Provider may give you notice by registered
mail, postage prepaid and return receipt requested, to the address which
you have provided to Service Provider. In such case, notice shall be deemed
given 7 (seven) days after the date of mailing.
11.3. You acknowledge that all agreements, notices or other communication
required to be given in terms of the law or these Terms may be given via
electronic means and that such communications shall be "in writing".
Notwithstanding anything to the contrary, a written notice or communication
actually received by a party shall be an adequate written notice or
communication to it, notwithstanding that it was not sent to or delivered
at its chosen address(es) for that purpose.
12. GENERAL CLAUSES
12.1. These Terms shall be governed in all respects by the laws of the
Republic of South Africa as such laws are applied to agreements entered
into and to be performed within South Africa.
12.2. This Website is controlled, operated and administered by Service
Provider from its offices within the Republic of South Africa. Service
Provider makes no representation that the content of the Website is
appropriate or available for use outside of South Africa. Access to the
Website from territories or countries where the content of the Website is
illegal is prohibited. Users may not use this Website in violation of South
African export laws and regulations. If the user accesses this Website from
locations outside of South Africa, that user is responsible for compliance
with all local laws.
12.3. Service Provider does not guarantee continuous, uninterrupted or
secure access to our services, as operation of our Website may be
interfered with as a result of a number of factors which are outside of our
12.4. If any provision of these Terms is held to be illegal, invalid or
unenforceable for any reason, such provision shall be struck out from these
Terms and the remaining provisions shall be enforced to the full extent of
12.5. Service Provider's failure to act with respect to a breach by you or
others does not constitute a waiver of our right to act with respect to
subsequent or similar breaches.
12.6. You shall not be entitled to cede your rights or assign your rights
or delegate your obligations in terms of these Terms to any third party
without the prior written consent of Service Provider.
12.7. No party shall be bound by any express or implied term,
representation, warranty, promise or the like not recorded herein, whether
it induced the contract and/or whether it was negligent or not.
12.8. The head notes to the paragraphs to these Terms are inserted for
reference purposes only and shall not affect the interpretation of any of
the provisions to which they relate.
12.9. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender
shall include females and words importing persons shall include
partnerships and corporate and unincorporated entities.
12.10. These Terms set forth the entire understanding and agreement between
Service Provider and you with respect to the subject matter hereof.