Our T&C's

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Last updated: 02 March 2023

Please read these terms and conditions carefully before using Our Service.

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Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named WiEnergi

• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Country refers to: South Africa

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to WiEnergi (Pty) Ltd, Thornhill Office Park, 84 Bekker Road, Vorna Valley, Midrand.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Service refers to the Application or the Website or both.

• Terms an Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Website refers to Wienergi, accessible from   https://wienergi.com

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

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Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

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Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

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Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

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"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

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Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

 

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For South African Users

If You are a South African consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

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Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

Use of the Service

Where we describe Service Providers as “vetted” or similar, we are promising only that we have carried out certain checks as specified on our Website at the time you make a Booking and that those checks did not reveal any cause for concern. You acknowledge that in carrying out these checks we are reliant on information supplied by third parties. We cannot guarantee that that information is accurate. Nor can we guarantee that the Service Providers are otherwise suitable for your purposes. You use Service Providers at your risk.

 

Supply of Services:

Your order is an offer that is only accepted when we send you an email on behalf of one of your selected Service Providers confirming your order.

You agree to treat Service Providers courteously and lawfully. You agree to provide a safe and appropriate working environment for Service Providers in compliance with all applicable laws and regulations and that you will provide reasonable co-operation to Service Providers to enable them to supply Services.

You agree to communicate any complaints to us and not the Service Provider. You agree to comply with our complaint and other policies on our Website as may be varied from time to time.

You acknowledge that your nominated Service Provider may be unavailable from time to time e.g. through illness or vacation or leaving our service.

You agree that during the period of this agreement you will not book any services from, or engage, any Service Provider outside of our Website. You agree not to engage any Service Provider for 6 months after termination of this agreement.

Placement Fe : Should you at any stage make an appointment with a Service Provider outside of booking said appointment via the WiEnergi platform, you will be liable to pay a placement fee at the current rate, which shall be payable within 10 (ten) working days of his/her appointment with you. No termination of the appointment or variation of its terms will entitle you to any repayment of the placement fee. This clause will survive the termination of this agreement, and will apply for 6 (six) months after its termination.

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Payment for Services / Cancellation by You:

You must maintain a valid credit card registered on our Website. You must ensure that all contact and payment information (e.g. email address, physical addresses, bank account/credit card numbers) which you provide is accurate and not misleading and that you will update it so that it remains so.

Prices include any applicable VAT unless otherwise stated.

Upon booking, The Company will reserve the estimated booking amount on your active bank account/credit card. Once the service has been completed, the full actual amount due for the booking appointment will be debited from your active bank account// credit card.

We may at any time change the prices. We will give you notice by email or our website at least one month before any price change takes effect. If you do not accept the new fee, you should cancel this agreement as explained below. Otherwise the Services supplied after the expiry of the one month’s notice will be at the new price.

You can at any time cancel any service, a Repeat Booking or this agreement as a whole via the platform or by contacting us. There is no charge if you cancel the appointment the day before the appointment start time for the Service Provider visit at 12pm (midday). If you cancel after this cut-off time of 12h00, then we will charge WiEnergi’s administrative and Service Provider's transport and/or lost earnings fees as applicable and as stated on our Website and booking confirmation email. This will happen by debit from your bank account / credit card and you authorise us to charge your card accordingly.

If there is a no-show and you notify us via our Website within 24 hours after the scheduled start time, then we will at your option provide either a full refund of any payment made for that visit or else use reasonable endeavours to re-arrange the visit. We reserve the right not to make a refund or re-arrange a visit if we are not notified within that 24 hour period.

If any amount due by you is unpaid, we may:

Charge reasonable additional administration costs; and/or

Charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the National Credit Act of 20015, and/or

Arrange of the supply of Services to be suspended; and/or  Cancel this agreement on written notice (including email).

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Cancellation by us:

We may at any time without cause cancel any particular Booking or this agreement as a whole including your right to use our Website, giving notice by email to the extent reasonably practicable. If so, we will refund any amounts due to you for outstanding paid for cleaning appointments.

Following cancellation of this agreement:

Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Website if we have given you notice of cancellation.

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Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Consumer Protection

If this Agreement and/or any Content and/or Services provided and/or made available on the Website or Software are regulated by or subject to the Consumer Protection Act, 2012, as may be amended from time to time (the "CPA"), it is not intended that any provision of this Agreement contravene any provision of the CPA. Therefore all provisions of this Agreement must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with.

No provision of this Agreement (or any contract governed by this Agreement):

  does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

  requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or

  limits or excludes any warranties or obligations which are implied into this Agreement (or any contract governed by this Agreement) by the CPA (to the extent applicable) or which we give under the CPA (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

Notice

The Company may give notice to you by means of a general notice on the Website or Software, electronic mail to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following addresses (whichever is appropriate): CPA Centre Studios, 14A, First Floor, Thika Road.

Controlling Law and Jurisdiction

This Website and Software is controlled, operated and administered by the Company from its offices within the Republic of South Africa. Access to the Website and Software from territories or countries where the content or purchase of the Services sold on the Website is illegal is prohibited. You may not use this Website or the Software in violation of Kenyan laws and regulations. If you access this Website or the Software from locations outside of Kenya, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African High Court in the event of any dispute. If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and the Company with regard to the use of the Services, Software and Website.

Dispute Resolution

INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice, as set forth above.

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Wienergi on any matter provided for in, or arising out of this Agreement, and not resolved through the Customer Relations Department of Wienergi, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded here.

WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and the Company agree that any arbitration in terms of this Agreement will be limited to the Dispute between the Company and you individually. You acknowledge and agree that you and the company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

Assignment

This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void.

General

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any service provider as a result of this Agreement or use of the Website, Software or Services. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained herein.

Other Parties

You accept that, as a corporation, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company's officers or employees in respect of any losses you suffer in connection with the Website, Software or Services. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will apply to the Company's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.

Breaches of these terms and conditions

Without prejudice to the Company's other rights under these terms and conditions, if you breach this Agreement in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Website, Software or Services, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Website or Software, contacting your internet service provider to request that they block your access to the Website or Software and/or bringing court proceedings against you.

Complaints

If you have any complaints or queries, please contact us via the contact details shown on our Website, email our support team support.info@wienergi.com.

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Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: info@wienergi.com

• By visiting this page on our website: https://www.wienergi.com

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