Loading...
Legal and Privacy 2017-04-11T13:04:15+00:00

These terms apply to anybody who uses our website. By using the website, or content made available via other channels, such as social media accounts you agree to these terms.

If you have signed up for our services, you will conclude a separate Smart Hot Water Service Agreement and you will also be subject to the Plentify Application Terms of Use.

We have tried to keep fine print to a minimum, but if you have any questions, please contact support@plentify.co.za. All of the clauses are important, but the consequences of some are more important than others. These terms, we have highlighted like this.

1 About these terms

1.1 Who we are

1.1.1 This website is run by Plentify (Pty) Ltd. Our registration number is 2017/018535/07. Our registered address is 12A Thornhill Road, Rondebosch, Cape Town. We will refer to ourselves as ‘Plentify’, ‘us’ or ‘we’.

1.1.2 When we refer to ourselves we include our shareholders, directors and employees.

1.1.3 You can contact us at support@plentify.co.za

1.2 South African law applies

1.2.1 Plentify is a South African company governed by South African law. If you want to raise any issue with us or if you have a dispute for any reason then South African law will apply.

1.2.2 We both agree to submit to the exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town), regarding any and all disputes arising in connection with this agreement.

1.3 Amendments and non-waiver

1.3.1 We may have to amend this agreement from time to time. By continuing to use the site, you agree to these changes.

1.3.2 Neither of us can amend the agreement or waive a right through conduct alone. For instance, just because we elect not to act if you are in breach, does not mean that we have waived the right to act in future.

2 Respect our intellectual property

2.1 The content is subject to our copyright

2.1.1 All the content on our website is subject to our copyright. You may only use the content for the purposes set out in this clause. ‘Using’ includes copying, downloading, amending, publishing, broadcasting, linking to and sending the information.

2.1.2 This is what you can use the content of the site for:

2.1.2.1 Your personal information purposes;

2.1.2.2 commercial purposes, but only if we have provided our prior written permission for you to do so. Please send us your request for permission to support@plentify.co.za

2.1.3 If you use the content of this website for private or commercial reasons, you must include this copyright notice: 2017 © Plentify (Pty) Ltd. – All Rights Reserved.

2.2 We own everything on the website

2.2.1 Unless it is clearly indicated otherwise, all the content, trademarks and data on our website, including software, databases, text, graphics, icons, hyperlinks, private information, and designs are our property or licensed to us, and as such, are protected from infringement by domestic and international legislation and treaties.

2.2.2 We may revoke any licence that we grant you to use our copyright as set out in these terms, at any time and at our discretion and each licence is a non-exclusive licence.

3 Where our responsibility for the website ends (the fine print)

3.1 No personal, binding advice or contracts

3.1.1 None of the information on the website constitutes personal, binding advice. Specifically, all calculations are indicative only and the information relating to your eligibility for our services only becomes binding once we have confirmed them with you personally.

3.1.2 The information is not designed to meet your specific requirements. You are encouraged to contact us at ​support@plentify.co.za for advice rather than just relying on the website.

3.1.3 The information on the website is not binding. We do not contract via our website. If you decide to make use of our services, we will enter into a contract with you which will contain the only binding terms between us.

3.2 The website contains no formal representations or warranties

We do make representations about our products and we have product warranties, but they are contained in our agreements with our customers, not this website.

3.2.1 The website does not contain any representations or warranties about our products. For instance, we provide:

3.2.1.1 A savings calculator is based on the average eligible household in the City of Cape Town, with tariff hikes in line with National Energy Regulator approved increases and South Africa’s target CPI band. Actual savings will vary based on your electricity tariff, hot water consumption patterns, and actual electricity tariff hikes. This means that the calculator makes an estimate which is not binding.

3.2.1.2 hypothetical savings examples. These are only intended as examples and are not binding;

3.2.1.3 cost estimates. The final cost will be dependent on your specific circumstances.

3.2.2 Although we take reasonable steps to ensure that the website is always up and running and secure, we cannot guarantee it.

3.2.3 Specifically, we do not promise that the:

3.2.3.1 Website will be constantly available or available at all;

3.2.3.2 information on the website will always be accurate and complete;

3.2.3.3 website is safe to use.

3.2.4 We are not liable for any loss or damage that results from your use of or reliance on the
website or any third party websites we refer to.

3.2.5 If you link to our website you are responsible for any claims for loss or damage of any nature resulting from the link to our website (you indemnify us against such claims and all legal and other costs).

3.3 Protect yourself

3.3.1 You are responsible for your own security when you use our website or any third party website that we reference in the website. For instance, it is your responsibility to ensure that your computer hardware and software is updated and protected.

3.3.2 Although we will try to prevent it from happening, we are also not responsible for any loss or harm caused by malicious code (such as a virus) which may come from this website.

4 Unacceptable use

4.1 Do not use illegally

You may only use this website for legal purposes. In the remainder of this clause, we have highlighted some specific examples of unacceptable use, but these are not the only examples.

4.2 Do not access restricted areas

Unless you are a customer of ours and we have given you permission to create an account, you may not view restricted sections of our website.

If you manage to do so (for example by copying another persons log in details), you will be acting unlawfully and in contravention of sections 85 to 89 of the Electronic Communications Act 25 of 2002.

4.3 Do not modify or damage the website

4.3.1 You must not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the website or the server and computer network that support the website.

4.3.2 If you do, you will be held responsible for any and all liability, damages and losses Plentify and its partners or affiliates may suffer as a result of such damaging code (for the lawyers, you indemnify and hold us harmless).

4.4 Do not commit cybercrime

4.4.1 You must not develop, distribute or use any device to circumvent the security measures of the website or commit cybercrimes.

4.4.2 If you do we will be entitled to institute criminal proceedings and you will be held responsible for any and all liability, damages and losses Plentify and its partners or affiliates may suffer as a result of such damaging code (for the lawyers, you indemnify and hold us harmless).

4.5 Do not ‘deep link’

Hyperlinks to the website must link to the home page. No ‘deep linking’ is allowed.

4.6 Limiting storing allowed

We only allow the caching (storing) of the website if:

4.6.1 The purpose of the caching is to make the onward transmission of the content from the
website more efficient;

4.6.2 the cached content is not modified;

4.6.3 the cached content is updated every 12 hours; and

4.6.4 the cached content is removed or updated when we request you to.

4.7 Do not frame

You are not allowed to frame the website, without our permission. Framing means making the content on our website viewable on another website.

5 Your privacy is important to us

Your privacy is important to us. Please read our privacy notice to see how we collect and use your personal information.

Protecting your privacy is very important to us. When you use our website we obtain (a very limited amount of) personal information about you. We want you to understand who you are sharing your information with, what kind of information we are collecting and how we use the information. If you decide to make use of our services we will have to collect more of your personal information. This is explained in our Application Privacy Notice which is available once you sign up. When you visit the website you are also subject to our Website Terms.

We will keep your information confidential and will only share your information if we are legally required to do so, if we must do so in order to fulfil our agreement with you or if you have given your consent.

We have tried to keep fine print to a minimum, but if you have any questions, please contact support@plentify.co.za. All of the clauses are important, but the consequences of some are more important than others. These terms, we have highlighted like this.

1 Who are you sharing your information with

1.1 Who we are

1.1.1 You are sharing your information with Plentify (Pty) Ltd. Our registration number is 2017/018535/07. Our registered address is 12A Thornhill Road, Rondebosch, Cape Town. We will refer to ourselves as ‘Plentify’, ‘us’ or ‘we’.

1.1.2 When we refer to ourselves we include our shareholders, directors and employees.

1.1.3 You can contact us at support@plentify.co.za for more information about what we do.

1.2 Who we share your information with

Sometimes we may need to share your personal information in order to keep our website up and running, provide services to you or if we are legally required to.

1.2.1 We make use of suppliers or service providers we trust to assist us with our website. For instance, if you sign up for our newsletter, you are sharing your information with a service provider. They have agreed to keep your personal information secure, confidential and to only use it for the purposes for which we sent it to them.

1.2.2 Some of these service providers may be located in other countries that may not have the same levels of protection of personal information as South Africa. If this is the case, we require that they undertake to protect the personal information of our customers to the same level as we do.

1.2.3 Sometimes we will be required by law to share your information. For instance, if we receive a valid warrant.

2 What information we collect and why

First up, it is important to know that we do not collect much personal information when you use the website. But, once you decide to make use of our services and you sign up for our application that changes. The application has its own privacy notice which will be made available to you when you sign up.

2.1 We collect information while you use the website

We use this information to help us improve our website and online services.

2.1.1 When you visit www.plentify.co.za we collect standard information about your internet connection and website use. We use this information to help us improve our website and online services.

2.1.2 The type of information we collect includes the URL you came from, IP address, domain type, browser type, the country and telephone code where your device is located, the web pages viewed during your visit, the advertisements you clicked on, and any search terms you entered on our website (user information).

2.2 We use cookies

We use cookies to optimise your website experience, but you can opt out.

2.2.1 A cookie is a small piece of information stored by your browser on your device. It may contain some personal details, and date and time information in an encrypted format, which can be recalled when you return to the website.

2.2.2 We use:

2.2.2.1 cookies to identify the device you use to connect to our website;

2.2.2.2 Google Analytics and session cookies to track page views and user data and to
optimise your web experience; and

2.2.2.3 Wordfence cookies to identify you and to track user logins.

2.2.3 You can opt out of Google Analytics for Display Advertisers and out of customized Google Display Network advertising by visiting Google's Ad Preferences Manager.

2.3 We allow you to subscribe to our newsletter

2.3.1 You can subscribe to our newsletter on the website. All information you need to provide is your e-mail address.

2.3.2 You will always be given the opportunity to unsubscribe when we send you the newsletter and you can contact us at support@plentify.co.za at any other time to unsubscribe.

2.3.3 We will not use this information for any other purpose.

2.4 We allow you to request us to contact you about our services

2.4.1 You can ask us to contact you on our website to discuss our services.

2.4.2 In order to do that, we request your name, contact number and e-mail address and to leave us a message. We will only use this information to provide you with the information you requested.

3 How we protect it

3.1 Reasonable security

We take your privacy and the security of your personal information seriously.

3.1.1 We have implemented reasonable security safeguards based on the sensitivity of the personal information to protect it from loss, misuse and unauthorised access, disclosure, alteration or destruction.

3.1.2 For example we regularly monitor our systems for possible vulnerabilities and attacks.

3.1.3 But no system is perfect and we cannot guarantee that information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.

3.2 Breach notification

Although we cannot prevent all security threats, we have measures in place to minimise the threat to your privacy should something happen. We let you know of any breaches which affect your personal information.

4 Your rights and responsibilities

4.1 You will be protected by POPI

4.1.1 When it becomes effective, your personal information will be protected by the Protection of Personal Information Act 4 of 2013 (POPI). POPI prescribes how personal information must be collected, used and stored in order to protect the information and your privacy.

4.1.2 POPI creates an Information Regulator, who will be responsible for ensuring that entities manage personal information in a responsible manner that respects your privacy.

4.2 You have the right to know

You have the right to know what kind of personal information we have about you, to correct it, and to opt out of marketing.

4.2.1 You have the right to ask:

4.2.1.1 What personal information we have about you;

4.2.1.2 what information we sent to our suppliers, service providers or any other third party;

4.2.1.3 us to update, correct or delete any out-of-date or incorrect personal information;

4.2.1.4 to unsubscribe from our newsletter or any other direct marketing;

4.2.1.5 object to the processing of your personal information.

4.2.2 You can contact us at support@plentify.co.za

4.2.3 It can take us up to 5 business days to respond to your request.

4.2.4 In certain cases we may require proof of your identity in order to combat fraud.

4.2.5 Changes to some of your information may be subject to additional requirements to prove that the new information is correct.

4.3 Do not over-share

4.3.1 Never provide more personal information than we ask for.

4.3.2 Never give us your banking details, credit card details or any passwords.

4.3.3 If you do give us unnecessary information, we will not retain it.