Terms and Conditions

ACCEPTANCE

PLEASE READ THE USER AGREEMENT OF THIS SITE www.ekhwesi.com (“Site”), AS EXPRESSED BELOW, BEFORE CONTINUING TO MAKE USE OF THIS SITE OR AN EKHWESI PREPAID METER.

BY CONTINUING TO USE THIS SITE OR AN EKHWESI PREPAID METER, THE USER DOES HEREBY ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT WHICH CONDITIONS THE USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD AND AGREES WILL BE BINDING ON THE USER.

OBTAINING AN ELECTRICITY TOKEN FOR YOUR PREPAID EKHWESI METER

eKhwesi offers the User the option to purchase electricity, for all STS compliant pre-paid electricity meters registered on the eKhwesi supplier group code and the eKhwesi Management server, via this Site or by simply sending an SMS.

The purchase of electricity via the eKhwesi site or management server is subject to any credit limitations or payment ceilings imposed by the User’s bank, and by the limits of the User’s electricity meter. All limits for use on the eKhwesi Prepaid meter are imposed by the owner/s or administrators of the meter.

Due to the consumable nature of electricity, should the User purchase electricity in error or in excess of the User’s requirements, eKhwesi shall be under no obligation to refund the user or
to reverse the transaction. eKhwesi shall only be responsible for transactions completed through the eKhwesi Management server, it is entirely the responsibility of the owner  of the building to securely install the meter and to avoid tampering or other means of electricity theft.  Accordingly no cooling-off period as contemplated by section 44 of the Electronic Communications and Transactions Act 25 of 2002 shall apply.

The price payable for a unit of electricity shall be determined by the meter owner/s or the Company administering the meter or building/complex. Payment for the electricity purchased via this Site or cell phone shall be effected by the User to eKhwesi by way of a credit card transaction or an upfront electricity payment using a valid credit card or bank deposit which is accepted by eKhwesi. Note that to protect it's own and the interests of Users, eKhwesi scrutinizes all transactions very carefully to prevent attempted fraud. Accordingly a transaction may be refused if eKhwesi is not satisfied with its legitimacy. 

If the User does not wish to send personal details over the internet, the User may register with the eKhwesi host centre on 086-111-3661. The Host Centre hours are 8h00 to 16h30 on weekdays. 

Although every effort is made to ensure that the User receives the electricity token purchased immediately, eKhwesi in no way warrants that the service will be completely uninterrupted and error free and that accordingly there may be a delay in the delivery of the electricity to the User. 

A transaction history per customer is available via SMS for registered users or alternatively upon request to the eKhwesi Host Centre.

USER ACCOUNTABILITY

The Registered user is responsible for all the use of the Site made by the User or anyone else using the User’s password and for preventing unauthorised use of the User’s password. If the User believes there has been any breach of security such as the disclosure, theft or unauthorised use of the User’s Password or any payment information, the User must notify eKhwesi immediately at the Host Centre number above. 

SECURITY

Appropriate action shall be taken in terms of chapter 8 of the Electronic Communications and Transactions Act 25 of 2002, against any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site.

LINKS AND FRAMING

Links provided on this Site to non-eKhwesi sites are provided as is and eKhwesi does not expressly or by implication agree with or have any control over the content on such web sites. If the User follows any of these links the User does so at its own risk and eKhwesi cannot accept any responsibility for any loss or damage that the User may incur as a result.

The User may not use the Site for any unlawful purpose. You may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the content on the Site. Without limitation, you may not do any of the following without prior written permission from eKhwesi.

WEBSITE DISCLAIMER

eKhwesi SHALL DEVELOP AND OPERATE THE SITE WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE.   

Except as set out above, eKhwesi provides no warranties with regard to the Site. eKhwesi shall not be liable to the User by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Terms and Conditions, for any direct, indirect, special, or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of eKhwesi, its employees or agents or otherwise) which arise out of or in connection with the Site or its Use (whether in contract, delict or otherwise).

E-MAIL POLICY

It is not the policy of eKhwesi to regularly monitor the content of electronic messages passing through its e-mail system. However, the content and/or structure of certain messages may be monitored for auditing, security, investigative and statistical activities. Users should structure their electronic communications in recognition of the fact that eKhwesi may from time to time examine the content of electronic messages.

eKhwesi IT staff may occasionally be required to review the contents of an employee’s mailbox to resolve a problem. IT staff may not view the content of an employee’s mailbox out of curiosity or at the request of an individual who does not have authorization or the right to do so. Users should likewise structure their electronic communications in recognition of the fact that eKhwesi may from time to time examine the content of employee mailboxes.

GOVERNING LAW

This Site is a South African based web site. These Terms and Conditions shall be governed and construed in terms of the law of the Republic of South Africa and the jurisdiction of the KwaZulu Natal High Court shall govern any action arising from these Terms and Conditions and/or the Use of this Site.

AMENDMENTS

eKhwesi may, in its sole and absolute discretion, amend these terms and conditions, or any part thereof at any time without notice to Users.

DISPUTES

The User and eKhwesi (“the Parties”) irrevocably agrees that any dispute whatsoever arising from these Terms and Conditions shall be settled according to the following procedure:

  • The Parties shall firstly utilise their best efforts to attempt to settle the dispute amicably between them by 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;
  • Should such negotiation fail to resolve the dispute, the Parties irrevocably agree that the dispute shall be referred to administered mediation upon the terms set by the Arbitration Foundation of South Africa (“AFSA”) Secretariat;
  • Should the mediation fail to resolve the dispute, the Parties irrevocably agree that the dispute shall be finally settled by arbitration. The arbitration proceedings shall be conducted according to the AFSA arbitration rules before:
  • A single arbitrator appointed in terms of those rules in the event that the amount in dispute is less than one million rand; or
  • Three arbitrators appointed in terms of those rules in the event that the amount in dispute is equal to or greater than one million rand.
  • The venue of the arbitration shall be Durban, South Africa.


The arbitrator:

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

The Parties irrevocably agree that the decision in the arbitration proceedings:-

  • Shall be final and binding on the Parties;
  • Shall be carried into effect;
  • May be made an order of any court of competent jurisdiction.

The arbitrator shall make an award in respect of the costs of the arbitration having regard to the substantial success of each Party in the outcome of the proceedings.

The Parties agree that:

  • The nature of any dispute arising from this agreement; and
  • The resolution thereof in terms of this clause which shall 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, shall be considered Confidential Information.

This clause shall not preclude either Party form 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 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.

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