1. Introduction
These Terms and Conditions (“Terms”) govern the use of all services, websites, applications, and digital platforms operated by Kukhanya Energy Services (Pty) Ltd (“Kukhanya Energy Services,” “we,” “us,” or “our”). By accessing or using our services, you accept and agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.
2. Use of Services
2.1 You agree to use our services only for lawful purposes and in accordance with applicable legislation in South Africa.
2.2 You shall not attempt to gain unauthorized access to our systems, interfere with service operation, or misuse our platforms in any way.
2.3 We reserve the right to suspend or terminate your access to our services if these Terms are violated.
3. Data Protection and POPIA Compliance
3.1 Kukhanya Energy Services is committed to compliance with the Protection of Personal Information Act, 4 of 2013 (POPIA).
3.2 Personal Information Collected: We may collect and process personal information including, but not limited to:
- Full name, ID number, or passport number;
- Contact details (address, email, telephone number);
- Employment and financial information necessary for contractual purposes;
- Technical data (IP address, device type, and browsing information).
3.3 Purpose of Collection: Personal information is collected and processed for:
- Verification of identity;
- Compliance with legal and regulatory requirements;
- Processing of applications, contracts, and service requests;
- Customer support and communication;
- Business administration and service improvement.
3.4 Storage and Security:
- All personal information, including ID numbers, is stored securely with appropriate technical and organizational safeguards.
- Access is limited to authorized personnel only.
- Data is retained only for as long as legally or operationally necessary, after which it is securely destroyed or de-identified.
3.5 Your Rights Under POPIA:
- You may request access to the personal information we hold about you.
- You may request correction or deletion of your personal information.
- You may object to the processing of your personal information, subject to legal limitations.
- You may lodge a complaint with the Information Regulator of South Africa.
4. Third-Party Services
4.1 We may engage third-party service providers for hosting, storage, analytics, or communication.
4.2 All third-party providers are contractually bound to process personal information strictly in accordance with POPIA and our instructions.
5. Intellectual Property
5.1 All intellectual property, including content, trademarks, designs, and software available through our services, remains the exclusive property of Kukhanya Energy Services.
5.2 No part of our intellectual property may be reproduced, distributed, or adapted without prior written consent.
6. Limitation of Liability
6.1 To the maximum extent permitted by law, Kukhanya Energy Services shall not be liable for any loss, damage, or claim arising out of your use of our services, except where caused by gross negligence or willful misconduct on our part.
6.2 We make no warranties or representations regarding uninterrupted access, security, or error-free operation of our services.
7. Updates to Terms
7.1 We reserve the right to amend these Terms at any time.
7.2 Updates will be effective once published on our website or digital platforms. Continued use of our services constitutes acceptance of the amended Terms.
8. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.
9. Contact Details
For queries regarding these Terms or how your personal information is handled, please contact us at:
Kukhanya Energy Services (Pty) Ltd
Unit 3, 8 Caversham Road, Hagart Road Industrial Park, Pinetown 3610
Tel: 031 001 0858
Website: https://kukhanyaenergy.co.za/