Terms and Conditions
Definitions :
In these terms and conditions the following words shall bear the meanings below:
"parties"-all the parties to this agreement , and a reference to "party" encompasses a reference to each party individually;
"services"- the " CheapDiesel " service , available via a mobile phone;
"users"-the user of the services collectively ;
"you/your"- the user of the service or the visitor to the site;
"we/us/our"- P1 Technologies and any associated company or subsidiary, including but not limited to all other members of P1 Technologies and where appropriate any suppliers;
WASPA- Mobile WASP regulator that protects the mobile consumer
IVR- Interactive voice response system
MSISDN- The mobile number of the mobile user +27 82 299 6600
Information :
P1 Technologies undertakes to provide the mobile user with the brand name, location and diesel price for filling stations selling diesel at the lowest prices subject to these standard terms and conditions.
Any reliance the Subscriber places on the brand name, location and diesel price is at own risk.
We grant you access to the service on the terms and conditions of this agreement. In agreeing to accept these terms and conditions you acknowledge, accept and agree to our use of your user information.
You agree that you have been given the opportunity to read and accept these terms and conditions before using any of the services offered.
If you are under the age of 18(eighteen) then your parent or guardian should read and accept these terms and conditions before you access the service.
If you do not wish to be bound by these terms and conditions you may not use the services.
This is not a subscription service and you will only receive SMS if you send a request and will be charged accordingly.
By using the service you agree that we may send you send information to your mobile phone via SMS messages.
The parties acknowledge and agree that this agreement constitutes the whole agreement between the parties. Neither party shall be bound by any express, tacit or implied term, representation, warranty, promise or the like not recorded herein.
No Party shall be bound by any express or implied terms, representations, warranty not recorded herein.
Each clause of these terms and conditions is severable, the one from the other and if any one or more clauses are found to be invalid or unenforceable, that clause/ clauses shall not affect the balance of these terms and conditions, which shall remain in full force and effect.
Condonation of any breach of any of the provisions hereof or other action or relaxation, indulgence or grace on the part of us shall not in any way operate as a waiver by us of any rights under this agreement or to be construed as a novation thereof.
The Service
The Cheap Diesel service operates on the basis that - A Subscriber sends a text message to a number indicated for this purpose by P1 Technologies, which message contains a request for information of the filling station selling diesel at the lowest price in a specific location contained in the
P1 Technologies Database (the "Subscriber Message"); and
P1 Technologies sends an SMS to the Subscriber that lists the brand of fuel, street address and the diesel price for the three filling stations selling diesel at the lowest price within the area or street specified by the Subscriber.
The SMS sent by P1 Technologies may list less than three filling stations or none if there are fewer than three filling stations or no filling stations in the area or street requested by the subscriber
The Subscriber understands that P1 Technologies does not operate, control or endorse the fuel brand or filling station and that P1 Technologies only acts as a provider of the information.
Duration of agreement
This agreement will commence on using the service and terminate when you receive the requested information via SMS from P1 Technologies.
Undertakings
P1 Technologies undertakes to use its best endeavours to provide Subscribers with the filling station fuel brand, street address and diesel price without delay.
P1 Technologies will use its best endeavours to keep the Cheap Diesel service fully operational, but P1 Technologies gives no warranties (whether express or implied) in respect of:
The provision of filling station fuel brand,street address and diesel price grade information;
The delivery of P1 Technologies Messages; or The accuracy, reliability or legality of the filling station fuel brand, street address or diesel price.
We will use reasonable endeavours to make the service available to you and to provide the highest level of customer service at all times. However, we shall not be held responsible for factors beyond our control, which may affect the delivery of the services and shall not be liable in respect of any loss or damage caused by or arising from the unavailability of the service including but not limited to damage to your mobile phone or loss of data.
You are required to confirm with your mobile service provider and or mobile phone company that your mobile phone is compatible and able to receive the services.
The services are charged at a rate posted in marketing material and/or on the website. You will be charged irrespective of whether you receive the services.
Warranties
The services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the services offered.
We make no warranty that the company or the services will meet your requirements or will be uninterrupted, timely, secure or error-free.
We give no warranty as to the results or the accuracy of any information obtained through the services.
You hereby warrant to us that :
- You are 18 years old or over ; and / or you have the permission of your parent or guardian;
- You will use the services in accordance with the applicable laws;
- You acknowledge that we may change the terms and conditions from time to time.
- Your continued use of the services shall constitute your acceptance of the amended terms and conditions.
Liability
P1 Technologies neither warrants, nor represents that the filling station fuel brand, street address and diesel price is accurate, reliable or legal.
P1 Technologies accepts no responsibility for the accuracy, reliability or legality of the filling station fuel brand, street address and diesel price and shall under no circumstances whatsoever be liable for any direct, indirect, consequential, punitive or special damages suffered as a result of, or arising from the provision or use of, or reliance by the Subscriber on the filling station fuel brand, street address and diesel price.
The Subscriber shall not have any claim against P1 Technologies for any losses, damages, costs or expenses resulting from the provision or failure to provide the filling station fuel brand, street address and diesel price information to the Subscriber, whether such failure results from:
Technical failure (including but not limited to errors, malfunctions, interruptions or delays in the provision of the filling station fuel brand, street address and diesel price to Subscribers);
A change of any law or regulation, or the imposition of any new law or regulation applicable to P1 Technologies; or Any other cause. You use the services entirely at your own risk. We exclude all liability for the transmission or reception of the information accessed by you using the service.
You hereby unconditionally and irrevocably indemnify us from all loss, damages, claims and / or costs, of whatsoever nature suffered or incurred by us or instituted against us as a direct or indirect result of your use of the service and or arising out of any breach of this terms and conditions by you or any person who may have been authorised by you and or due to the unavailability of or the interruption of the services.
Fee
The Subscriber shall pay a fixed fee per P1 Technologies Message to
P1 Technologies. This fixed fee, as may be amended from time to time by
P1 Technologies, shall be advertised on P1 Technologies' website.
The fee shall be collected from the subscriber by the Mobile Network Company and paid to P1 Technologies through Integrat.
The Subscriber consents to the collection of the fee in the aforementioned manner.
All fees will be raised per transaction when processed.
R3 per SMS.
Amendments
These standard terms and conditions may be unilaterally amended by
P1 Technologies through publication of the applicable amendment(s) on the website of P1 Technologies and the Subscriber is required to familiarise himself/herself with these standard terms and conditions from time to time.
Confidentiality
We respect your privacy and are committed to protecting it, and we recognise your need for appropriate protection of you personal information.
P1 Technologies undertakes to keep the Subscriber's details that come to its knowledge through the use of the services as envisaged herein confidential.
Notwithstanding the paragraph above, P1 Technologies shall be at liberty to:
Disclose to filling stations the location from where the Subscriber Message was sent, if such information is requested by the filling stations, for example for marketing purposes;
You can use the services without disclosing your identity.
We protect your information from outside parties by establishing appropriate physical, electronic and managerial procedures to safeguard the user information we collect from you.
You acknowledge that in the interest of improving service efficiency, we may, under controlled and secure circumstances, share your user information with some affiliated companies.
We reserve the right to access and disclose your personal data, without first notifying you, to comply with applicable laws and or if we are requested by police, regulatory or government authority investigating suspected illegal activities.
We reserve the right in our reasonable discretion and without prior notice to you to disclose details of your use of the services to a person who makes a complaint or allegation in connection with your use whether or not we are named as a party or witness in any threatened or pending legal proceedings.
If you have any questions or comments about privacy issues, or if you have a complaint about how we are using our data or wish to be deleted from our database then send an e-mail to us at info@findcheapdiesel.co.za
Governing Law
These standard terms and conditions and the Agreement between
P1 Technologies and the subscriber shall be governed by and interpreted in accordance with the laws of the Republic of South Africa
The parties choose their respective domicilium citandi et executandi for the purpose of giving any notice , the serving of any process and for any purpose arising out of this agreement as follows: P1 Technologies (Pty) Ltd:
You agree that any notice which we are required to give you regarding the services shall be made via SMS and shall be deemed to be received by you.
All prices include VAT
Network + WAP charges extra
Errors billed
Free Minutes Do Not Apply
Updates sent until cancelled
This service is available to all Networks
Bill payer's permission required