Terms and conditions

A User (“User”) is defined as anyone who or anything that access Paylight services by whatever means.

Your access to and continued use of Paylight services (“Paylight”) including the electricity meters and website at the domain name www.paylight.co.za (the “Site”) constitutes your acceptance of and compliance with the following provisions. If you have not already done so, please take some time to familiarise yourself with these provisions. If you do not agree to these terms and conditions (“Terms”), you should immediately discontinue use of this Site. Also note that these terms and conditions may change from time to time and it is your responsibility to check for such updates. These terms, conditions and policies were last updated 1 March 2016. All rights are reserved.

Paylight can be contacted on paylight@tintley.co.za.

Paylight reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to the Site. It is your obligation to periodically check these terms and conditions at the Site for changes and updates. Your continued use of the Site following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these terms and conditions, including such changes or updates.

 

I) Reserved Rights and Grant of Limited Licence

Paylight either owns the intellectual property rights, including copyright, or has acquired the necessary licences, in the information, including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the Site (collectively the “Information”).

As a user of the Site, you are granted a limited licence to access and to use (display or print) short extracts of the Information for your own personal non-commercial use only, provided the Information is not modified. To the full extent permitted by applicable law, Paylight will not be responsible for any consequences resulting from such use, save in the event of gross negligence on the part of Paylight. Any other use of the Information is prohibited. None of the Information may be otherwise reproduced, republished, re-disseminated, downloaded (other than page caching), modified in any manner or form without the express prior written consent of Paylight.

You may not use any meta tags or any other “hidden text” utilising Paylight’s name, logos or trademarks without the express written consent of Paylight. Paylight reserves the right to terminate the permission or licence granted by it in terms hereof and/or to restrict the use of and access to the Site..

 

II) No Solicitation

No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.

 

III) No Endorsement

The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than Paylight, and Paylight does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, Paylight is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.

A link to another site should not be construed to mean that Paylight is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.

The mention of another party or its product or service on the Site should not be construed as an endorsement by Paylight of that party or its product or service

 

IV) Warranty disclaimer and Limited liability

To the full extent permitted by applicable law, Paylight will not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site and links on the Site or in reliance on the information available on the Site, including but not limited to, any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action, save in the event of gross negligence on the part of Paylight.

This Site is provided on an “as is” and “as available” basis. You should not assume that the Site will be error-free or that the Site will operate without interruption. Paylight makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials or products included on this Site. You agree that the use of this Site is at your sole risk, save in the event of gross negligence on the part of Paylight.

Paylight is not liable for any damages whatsoever and howsoever arising as a result of any stolen or lost user data, or the unauthorised use of such user data.

To the full extent permitted by applicable law, Paylight disclaims all warranties, express or implied. Paylight does not warrant that this Site, its servers, or e-mails sent from it are free of viruses or other harmful code. Paylight will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive and / or consequential.

Paylight disclaims any liability for unauthorised use or reproduction of any portion of the Site.

 

V) Trademarks

Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of Paylight or other entities. The display of any such marks or names on the Site does not imply that a licence has been granted by Paylight or other entities for use thereof.

 

VI) Online security

While every effort is made to ensure the privacy and security of this website, absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. The Internet is vulnerable to interception and forging. Paylight will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Paylight through the Internet, or that you expressly or implicitly authorise Paylight to make, or for any errors or changes made to any transmitted information, save in the event of gross negligence on the part of Paylight.

The responsibility rests with the user to ensure you have the appropriate anti-malware, firewalls, and security measures that are reasonably expected of anyone who accesses the internet.

While every effort is made to ensure that all information provided at the Site does not contain computer viruses, and that your connection to the Paylight server is encrypted, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses, that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.

 

VII) Conformance with Law

You warrant that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.

The laws of the Republic of South Africa shall govern as to the interpretation, validity and effect of this agreement and the use of the Site notwithstanding your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.

All legal complaints or queries can be sent to paylight@tintley.co.za.

 

VIII) Velocity checking

Paylight accepts no responsibility should you be debited more than once as a result of you clicking more than once.

 

IX) Payment processing

A user will be required to provide your payment account details (i.e. credit card details) when submitting your electricity voucher request. Payment may be made via Visa, MasterCard, Electronic Funds Transfer (EFT). The transaction currency is the South African Rand (ZAR).

Credit card transactions will be acquired for Paylight via PayFast. PayFast uses the strictest form of encryption, and no credit card details are stored on Paylight’s servers. All personal details are stored separately from card details. Users may go to www.payfast.co.za to view their security certificate and security policy.

Due to varying credit card levies imposed by the banking and credit card industry, Paylight may enforce any payment ceilings imposed. There is a credit limit also to purchases monthly to avoid Ghost vending or any attacks on our system trying to sell unlimited voucher in an attempt to pocket the money. Ghost vending participants will be fined and legal proceedings instituted.

Should you pay an incorrect amount or entity using to the Site, Paylight has no obligation whatsoever to rectify this error, or to assist you in any way in rectifying such error, save in the event of gross negligence on the part of Paylight.

 

X) Service fee

The payment service made available through usage of the Site is not offered to you free of charge. Paylight does not warrant the availability of the Site or such service and shall not be liable in any respect for the temporary or permanent disruption in usage.

There is no free basic electricity issued with your electricity purchases because this service is only intended for poor households. A user must register themselves for free basic electricity on their own accord if they want this from the government.

The Site, Site security, SMS service, and electronic mail services provided by Paylight require maintenance and therefore the service fee covers such costs.

 

XI) User information and Confidentiality

Paylight shall not use information posted by you on this Site for any reason whatsoever, nor divulge same to any third party, save as may be required by Paylight in dealing with any payment or user query.

All information submitted to Paylight via the Site shall be deemed and remain the property of Paylight and Paylight shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to Paylight through the Site or sent through e-mail. Paylight shall not be subject to any obligations of confidentiality regarding any such information submitted to it unless specifically agreed by Paylight or required by law.

You agree that any information submitted for inclusion at the Site does not infringe on the intellectual property or other rights of any third parties and you grant Paylight a right to provide access to the information from the Site. You warrant that any software submitted to Paylight shall be free of computer viruses.

You agree not to impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site.

 

XII) Refund policy

If a voucher code is lost, the user must contact Paylight on paylight@tintley.co.za and shall incur a penalty fee of R20. If the electricity voucher was lost because of an error on Paylights’ behalf in sending the voucher to the user, then Paylight will resend the voucher at no additional charge.

The Paylight server does not accept cancellations or reversals as it creates a window for possible fraud. Paylight does not give reversals or cancellations for anything bought from the Site or from use of any of Paylight’s services.

 

XIII) Meter tampering

The electricity meter is the property of Paylight Tampering with the meter is illegal.

If the Paylight electricity meter installed in your premises is tampered with, two things will happen. Firstly you will be charged a meter tampering fee. The charge will be the cost of any electrician if needed, upon Paylight’s discretion, and a penalty fee of R600. Second, you will see a symbol appear on your meter and this will have to be cleared before the meter will be usable again. To clear the symbol, the user must contact Metermate.

 

IXX) General

Paylight is owned by Tintley trading cc (2011/086712/23) domiciled at C2.118 Woolsack residence, Rondebosch, Cape Town.

 

XX) Email disclaimer

This email, its attachments and any rights attaching hereto are, unless the context clearly indicates otherwise, the property of Paylight and/or its subsidiaries or holding companies. It is confidential, private and intended for the addressee only.

Should you not be the addressee and receive this email by mistake, kindly notify the sender, and delete it immediately. Do not disclose or use the email in any manner whatsoever.

Views and opinions expressed in this e-mail are those of the sender unless clearly stated as those of Paylight.

Paylight accepts no liability whatsoever for any loss or damages – whatsoever and howsoever incurred – or suffered resulting or arising from the use of this email or its attachments. Paylight does not warrant the integrity of this email nor that it is free of errors, viruses, interception or interference.

While every effort is made to ensure that all email and any attachments to it are free from viruses, neither the sender nor Paylight can be held liable in the unlikely event that a virus is transmitted to the recipient’s computer.

No email sent to Paylight shall be deemed to have been received by Paylight or its agent(s) until Paylight has responded to it. Failure to respond shall not constitute a response.

Neither Paylight nor the sender of any email will be liable to any person for direct, indirect, or consequential damages flowing from its use by any recipient.

 

XXI) Dispute resolution

Paylight and the User shall make a good faith effort to resolve any dispute arising under this Agreement. Regarding any such dispute which is not resolved after a good faith effort at resolution, the parties may not bring any legal or administrative claim against the other party unless the claim is first presented for non-binding mediation before a single mediator under mutually agreed rules, or in the absence of such agreement, the applicable Mediation Rules of the South African Arbitration Association.

In the event of any disputes arising between a User and Paylight, you agree that Paylight shall be the sole arbiter of such dispute in its sole discretion and that Paylight’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.