Terms & Conditions

1. Registration
2. Product orders
3. Content downloads
4. Use of the Site
5. Copyright
6. Trademarks
7. Personal information
8. Links to other websites
9. Jurisdictional issues
10. Changes and discontinuance
11. Disclaimer
12. Limitation of liability
13. Indemnity
14. Disclosure
15. Others
16. Changes to terms of use

Astron Energy Connect - Terms of Use

1 Registration

1. An account for each Customer must be registered in order to use the Site. If you are the first user to register a Customer account, you may allocate additional users on that account at your discretion. By doing so, you and the Customer confirm that the additional users have the authority to use the Site (including by purchasing products) on the Customer’s behalf.
2. You must ensure that your login details are kept safe and confidential. You may not use the login details of another user or allow another user to use your login details. If you know (or reasonably suspect) that someone has accessed or used your login details without permission, you must change your password immediately.
3. Astron Energy has no liability for activity conducted on a Customer’s account using the login details of a registered user, even if the activity was not authorised by the user or Customer.
4. Customers are responsible for all users’ activities on the Site and liable for any user’s breach of these Terms (where applicable).

2 Product orders

1. The Site allows Customers to place orders for fuel and lubricants. Details of all products are available on the Site.
2. You will be given an opportunity to review each order and correct any mistakes prior to confirming your order. Records of all orders are available on the Customer’s account profile.
3. Cancellation of orders is not possible on this Site.
4. The sale and delivery, and payment for, products ordered through the Site are governed by the terms of separate agreements between the Customer and Astron Energy.

3 Content downloads

1. The Site enables the downloading of various documents, including:
   1. marketing material, training material and PDF forms (such as delivery forms); and
   2. Product Data Sheets and Safety Data Sheets.
2. Documents downloaded from the Site may only be used by the Customer in their original form in connection with the sale of applicable Astron Energy products. These documents may not be changed in any way (including removal of the branding) without Astron Energy’s prior written permission.

4 Use of the Site

1. You may not access or use this Site for any purpose other than those described in clauses 2 and 3.
2. In using this Site, you must not:
   1. misrepresent your identity or affiliation in any way;
   2. violate any applicable laws or regulations or the proprietary and other rights of Astron Energy or third parties; or
   3. violate (or attempt to violate) the security of this Site, including by:
      1. logging into or attempting to log into a server or account that you are not authorized to access;
      2. accessing data or taking any action to obtain data, information or services not intended for you or your use;
      3. probing, scanning or testing the vulnerability of any system or network, or attempting to do so;
      4. tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
      5. transmitting material that contains viruses, malware or other malicious code;
      6. interfering with service to, or engaging in any denial of service attack of, the Site, any user, host or network including by means of overburdening any computer system.

5 Copyright

1. All content included on this Site, such as text, graphics, logos, buttons, icons, images, video clips, audio clips and software, is the property of Astron Energy, its content suppliers or vendors and is protected by the laws of the country applicable in each specific context and international copyright laws. The compilation, (collection, arrangement and assembly) of all content on this Site is the exclusive property of Astron Energy and is protected by the laws of the country applicable in each specific context and international copyright laws.
2. No material from this Site may be modified or adapted without approval from Astron Energy. Modification of the materials or use of the materials for any purpose other than stated in these Terms is a violation of Astron Energy’s copyright and other proprietary rights. Should you wish to modify material, or have material modified for your individual use, please contact the call centre for details at zaservice@astronenergy.co.za. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Astron Energy.

6 Trademarks

1. All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to Astron Energy or to other companies where so indicated.

7 Personal information

1. Astron Energy collects and uses personal information of you and the Customer when you use this Site. Details are set out in the Privacy Statement.

8 Links to other websites

1. This Site may contain you will notice links to other sites, some of which are administered by or on behalf of Astron Energy and others which are unrelated to Astron Energy. These Terms do not apply to these linked websites. Each website should be checked for its own terms of use.
2. Certain third party sites may make use of Astron Energy proprietary intellectual property (such as trademarks, service marks, logos and trade names) under license from Astron Energy. Astron Energy is not responsible for the availability or content of any third party sites, viruses or other damaging elements encountered in linking to these sight, or for any products or services offered by third parties. Providing links to these sites should not be interpreted as endorsement or approval by Astron Energy of the third parties or their products or services.

9 Jurisdictional issues

1. This Site is controlled and operated by Astron Energy from its offices within South Africa and made available for use by users and Customers in South African and Botswana. Astron Energy makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10 Changes and discontinuance

1. Astron Energy as owner of this Site may at any time without notice change, discontinue or remove any part or all of this Site, or discontinue access in respect of one or more geographical regions.
2. If a user breaches these Terms, Astron Energy suspend or terminate their access to the Site.

11 Disclaimer

1. This Site is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Astron Energy disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose.
2. Astron Energy does not warrant that access to this Site or to the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.
3. Astron Energy does not make any representations or warranties regarding the use or the results of the use of the materials in this Site in terms of their correctness, accuracy, reliability, or otherwise.

12 Limitation of liability

1. To the extent permitted under applicable law:
   1. Astron Energy will have no liability to you (or any other users) for any loss or damage (whether direct, indirect or consequential) under any cause of action (including contract, delict or otherwise) arising from, or connected to your use of, or inability to use, the Site; and
   2. the limitations of exclusions of liability between Astron Energy and the Customer will be as per the separate supply agreement between them. Losses or damages suffered by the Customer arising from, or connected to, use of, or inability to use, the Site will be count towards Astron Energy’s limitation of liability in the supply agreement.

13 Indemnity

1. You agree to indemnify, defend and hold Astron Energy, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from your breach of these Terms or activities in connection with this Site.
2. The Customer agrees to give the same indemnity in 13.1 in respect of its users’ breach of these Terms or activities in connection with this Site.

14 Disclosure

1. This Site contains information on products and services of Astron Energy and its related entities. While Astron Energy tries to ensure that all information on this Site is accurate and current at the time of posting, all information on Astron Energy’s products and services on this Site should not be relied on as definitive, final, current or complete, and you agree to contact Astron Energy directly for more detailed and updated information on its products and services instead of placing any reliance on any product or service information on this Site.

15 Others

1. These Terms are governed by South African law. Any disputes or other matters in connection with these Terms are subject to the jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town).
2. Astron Energy will serve any notices in connection with these Terms on you and the Customer at the physical and/or email addresses associated with your profile and the Customer’s account. Notice must be served on Astron Energy at the following physical and/or email addresses: 5 Century Boulevard, Century City, Cape Town, 7441, South Africa OR zaservice@astronenergy.co.za
3. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
4. These Terms are the whole agreement between the Parties in regard to use of the Site. The sale and delivery, and payment for, products ordered through the Site are governed by the terms of separate agreements between the Customer and Astron Energy.

16 Changes to terms of use

1. Astron Energy may revise these Terms at any time without notice. Although Astron Energy will endeavour to highlight any changes to these Terms, you should revisit this Site periodically to make sure you are aware of the most recent terms, because they will be binding on you and the Customer (where applicable).
2. Your use of the Site after such changes constitutes your agreement to such changes.
   If you have any questions or complaints regarding these Terms, please contact zaservice@astronenergy.co.za and we will endeavour to respond to you promptly.