Terms and Conditions of the Agreement

The following Terms and Conditions (“Terms”), along with the Website Terms of Use and any future updates thereto from time to time, as well as any other provisions included in the online registration and application process, will constitute the agreement (“Agreement”) between You and us in relation to the provision of the Service. Please read these Terms carefully as they will be binding on You, your representatives, and assignees when You apply to use the Service. If You do not agree with any of these Terms, You will not be able to use the Service.

You understand and agree that when You select the “I Accept” option, You acknowledge that You have read and understood the Terms, that they are acceptable to You, and that they will be binding on You in relation to your application and use of the Service. If there is any provision in the Terms which You do not understand, please email help@citiqadvance.co.za or call 087 55 111 91, our customer centre, to assist You.

In terms of the provisions of the Consumer Protection Act, 68 of 2008 (“CPA”), there are clauses in bold in these Terms that require your careful attention. These may limit your rights, make you liable, or require you to repay a third party or confirm facts. Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation in terms of the CPA.

We will keep these Terms up to date at www.citiqadvance.co.za. If we make any changes to these Terms, we will let You know by updating the Website or getting in touch with You directly. Offer and Advance Product-specific terms may also apply.

1. Definitions and Interpretation

1.1 In these Terms: –

1.1.1 “Citiq Advance Token” means a prepaid electricity meter specific token made available to a Customer pursuant to such Customer accepting the underlying terms of use and settlement;

1.1.2 “Agreement” means these Terms, as amended by us in our sole discretion from time to time;

1.1.3 “Applicant “means any person who, through the Citiq Tenant Application, applies for use or registration of the Service;

1.1.4 “Citiq Advance Account” means the Citiq Advance Account registered in your name through which You apply for the Services, make Citiq Advance Token Requests and record details of the Citiq Advance Products and Citiq Advance Balance you have, from time to time;

1.1.5 “Citiq Advance Product” means a product listed on the Citiq Tenant Application, from time to time, in respect of which the Service is available to You, in terms of the provisions of this Agreement;

1.1.6 “Citiq Advance Request” refers to a request received by us, from You or allegedly from You, through the Citiq Tenant Application for a Citiq Advance Product, upon which we are entitled to act;

1.1.7 “Citiq Advance Token Value” means the value made available to a Customer, inclusive of the Fees;

1.1.8 “Citiq Prepaid” or “CMS” or “Citiq” means Citiq Meter Solutions (Pty) Ltd from time to time;

1.1.9 “Citiq Prepaid Electricity Vending Tokens” means a numerical code purchased by consumers to add credit to their electricity meter, allowing them to manage and control their electricity usage;

1.1.10 “Citiq Product” means any product and/or service offered for sale to consumers by or on behalf of CMS from time to time;

1.1.11 “Citiq Tenant Application” means a digital platform that, amongst others, –

1.1.11.1 enables tenants to manage their prepaid electricity accounts;

1.1.11.2 allows Customers to purchase tokens;

1.1.11.3 allows Customers to access Citiq products; and

1.1.11.4 allows Customers to track their electricity usage within properties managed by Citiq Prepaid;

1.1.12 “Customer” means any Applicant or user of the Services, who has accepted these Terms;

1.1.13 “Fee(s)” refers to the cost of the Services provided by us to You in terms of this Agreement, as listed on our Website and includes any changes thereto from time to time, which access fee must be paid by You to us for the use of the Services;

1.1.14 “Interface” means the Interface of the platform through which the Citiq Product is offered and through which You may apply to use the Citiq Product;

1.1.15 “Personal Information” means “personal information” as defined in section 1 of POPIA;

1.1.16 “POPIA” means the Protection of Personal Information Act No. 4 of 2013, as amended from time to time;

1.1.17 “process” and “processing” means “processing” as defined in section 1 of POPIA;

1.1.18 “Qualification Criteria” or “qualify” means the qualification criteria from time to time employed by us to determine, in our sole discretion, whether You qualify to register for the Citiq Advance Product and/or Service(s);

1.1.19 “Service(s)” means the operation of a digital platform via the relevant Interface to facilitate the provision of, amongst others, Citiq Advance Products to qualifying Customers and to manage your Citiq Advance Token Account;

1.1.20 “We,” “our,” and “us” means Citiq and includes our successors-in-title and assigns from time to time;

1.1.21 “Website” means the Website at www.citiqprepaid.co.za, owned and operated by Citiq Prepaid; and

1.1.22 “You” or “your” means the Applicant or the Customer and includes such person’s representatives and assigns from time to time.

1.2 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

2. Introduction

2.1 We own and operate a platform to provide the Citiq Product(s) and Service(s), via the Citiq Tenant Application, which enables and facilitates, amongst others, the delivery of the Citiq Advance Product to qualifying Customers. We are neither a credit provider nor a financial services provider.

2.2 To access and utilise our Service, You have to download and register on the Citiq Tenant Application. Additionally, You must be a registered user of the Citiq Advance Product user on the Citiq Tenant Application to make use of the Service. The Citiq Advance Product is only available on the Citiq Tenant Application. Please ensure that You keep your login credentials confidential at all times.

2.3 We will charge You a Fee which is specific to the Citiq Advance Token Value that You qualify for. This Fee is linked to the specific individual amount of the Citiq Advance Product offered and accepted by each individual Customer. Details as to how this Fee is calculated is set out at Citiq Advance.

2.4 The Fee(s) may be adjusted by us, in our sole discretion, at any time and from time to time. Any change to the Fee(s) will be published on the Website and will be applicable to and form part of these Terms from the date of such publication.

2.5 You will remain responsible for repaying the face value of the Citiq Advance Token Value as well as all associated Fees to us. [“Citiq Advance Token Purchase Price”].

2.6 In giving effect to the repayment by You, to us, Citiq will, and You (by acceptance of these Terms) authorise Citiq to deduct 50% of the value from your next Citiq Prepaid Electricity Vending Token purchase. This deduction will be used by Citiq to set off such value against the value of the amount owed by You to Citiq. We will continue to take a deduction off of your Citiq Prepaid Electricity Vending Token purchases until such time as your Citiq Advance Token Value, is paid up in full. This deduction can be adjusted to 75% of your next Citiq Prepaid Electricity Vending Token purchase or 100% of your next Citiq Prepaid Electricity Vending Token purchase should You so elect.

2.7 This means that You may get fewer Citiq Prepaid Electricity Vending Token units under each purchase of tokens by You through the Citiq Tenant Application until the Citiq Advance Token Value has been paid in full by You.

2.8 All outstanding balances on your Citiq Advance Token Account must be paid, in full, before you can apply for another Citiq Advance Token Request

3. Qualification

3.1 To qualify for the Service, you must:

3.1.1 be at least 18 years or older, and provide Citiq with such information as we may reasonably require to, inter alia, confirm your identity;

3.1.2 have a transactional history with us for the purchase of Citiq Prepaid Electricity Vending Tokens for a minimum period of 3 (three) months; and

3.1.3 meet such other criteria as we may prescribe from time to time;

3.2 You acknowledge and agree that we shall be entitled to use your purchase and payment record with Citiq Prepaid to evaluate your Citiq Tenant Application to subscribe to the Service and to continue to approve each Citiq Advance Token Request you occasionally make.

3.3 We reserve the right to verify the authenticity of your transactions with us and your status as an active Citiq Prepaid Customer.

3.4 We may only accept your Citiq Tenant Application to register for the Service and/or to purchase any particular Citiq Advance Product if we are satisfied that You have met these minimum requirements.

3.5 We will communicate to You, via the Citiq Tenant Application or email address/ cell phone number You used to make the Citiq Tenant Application or Citiq Advance Token Request, whether we accept or decline your Citiq Tenant Application, to register for the Citiq Advance Token Request, or any particular Citiq Advance Product.

3.6 If declined, You may reapply for the Service at a future date if You meet the Qualification Criteria.

3.7 The Citiq Advance Product will be allocated to the meter and not the Citiq Tenant Application user.

4. Acceptance, Commencement and Duration

Acceptance, Commencement and Duration

4.1 Before opting in or applying for the Service, You should carefully read and understand these Terms, which govern the access, use and operation of the Service.

4.2 If You do not agree with these Terms, please select the option not to accept these Terms.

4.3 You will be deemed to have read, understood and accepted these terms and conditions:

4.3.1 upon selecting the “Accept” option on the Citiq Tenant Application; and/or

4.3.2 by using or continuing to use the Service and/or making Citiq Advance Requests.

4.4 By registering for the Service, You agree to comply with and be bound by these Terms, as amended and revised from time to time.

4.5 You affirm that these Terms are without prejudice to any other rights we may have in law or otherwise regarding your registration, access to and/or use of the Service.

4.6 We may vary or amend these Terms from time to time, and your continued access and use of the Service and/or making of Citiq Advance Requests constitutes your acceptance to be bound by any such amendment or variation (as applicable).

4.7 We are not obliged to ever provide You with the Service, agree to a Citiq Advance Request and/or a particular Citiq Advance Product and may revoke your registration as a Citiq Advance Product subscriber or terminate the Services, in our sole and absolute discretion summarily for convenience, without prejudice to our accrued rights.

4.8 You will have no claim against us, any Group company and/ or any supplier regarding such a decision.

5. Use of the Services

5.1 To apply for the Services, you must download the Citiq Tenant Application, register as a valid tenant and have a purchase history.

5.2 You may make a Citiq Advance Request as prompted by the instructions on the Citiq Tenant Application.

5.3 We may agree to accept your Citiq Advance Request (at our sole discretion). If we accept your Citiq Advance Request (which we are not obliged to do), we shall deliver the chosen Citiq Advance Token Value to You and update your Citiq Advance Token Account accordingly on the Citiq Tenant Application.

5.4 We will need your confirmation of the Personal Information and other relevant information You have provided to us to assess your Citiq Tenant Application or Citiq Advance Request, as the case may be. You will need to advise us of any changes to your Personal Information. We may ask You for further information as may be necessary and/or as may be required by law from time to time. We reserve the right to request further information from You about your Citiq Tenant Application or Citiq Advance Request, as the case may be, at any time. Failure to provide this information, within the required timeframe, may lead to us rejecting your Citiq Tenant Application or Citiq Advance Request, as the case may be, for the Service or Citiq Advance Token Request registration.

5.5 We and/or any of our Affiliates, as instructed by us, and/or its appointees shall be entitled to assess your purchase history upon your registration and occasionally after that. This may include exchanging and analysing information about You (including Personal Information) as a customer of Citiq Prepaid to ascertain your propensity to satisfy and/or repay the Citiq Advance Token Value made available to You. By accepting these Terms, You now expressly consent to such exchange and processing of your Personal Information, which is necessary and required by us to register You and assess the Citiq Advance Requests. The Citiq team may notify You that You are conditionally approved to use the Services.

5.6 Once your application is complete, You can occasionally submit a Citiq Advance Request. We may deliver that relevant Service if you meet the Qualification Criteria.

5.7 When you apply to register for the Service, we will notify You of our decision through an SMS/WhatsApp sent to the mobile number or email address You used for registration, a notification on the Citiq Tenant Application, or via the email address You provided during registration. Please note that your acceptance to register for the Service will establish a separate contractual relationship between You and Citiq, distinct from the terms and conditions that apply to your relationship with Citiq Prepaid.

5.8 We reserve the right to decline your Citiq Tenant Application to register for the Service and/or any particular Citiq Advance Request or to revoke your registration on the Service, as the case may be. Where we decline your application to register, or a Citiq Advance Request, or revoke your registration, we will attempt to communicate our reasons therefore with You.

6. Payment of Citiq Now Token Value and Fee

6.1 If You meet the Qualification Criteria and we provide you with the Citiq Advance Product, You will benefit from and use the Citiq Advance Product. You will be liable to repay us the Citiq Advance Token Value, along with the relevant Fees.

6.2 The date on which we approve the Citiq Advance Product to You will be the “Citiq Advance Token Date.”

6.3 The Citiq Now Token Value will be settled by You by way of the deduction, by us, from the subsequent purchases You make for any Citiq Prepaid Electricity Vending Tokens and we shall set off the relevant amount against the value of the Citiq Advance Token Value. Such amounts will be set off with effect from the Citiq Advance Token Date up until such time that the total Citiq Advance Token Value is repaid to us by You, in full.

6.4 You acknowledge and agree and with this duly authorise and irrevocably instruct Citiq and/or the relevant merchant, acting on its behalf, to recover the Citiq Advance Token Value by deduction from any payments received from, including against any Citiq Prepaid Electricity Vending Token purchases, You until the Citiq Advance Token Value is settled in full, in such order and priority as we, in our sole discretion, may determine from time to time.

6.5 The Citiq Advance Token deduction will be made by deducting 50% (unless the Customer selects the option of 75% or 100%) of every subsequent Citiq Prepaid Electricity Vending Token purchase by You until the amount owed to Citiq is paid in full. You acknowledge and understand that this may lead to a reduction in the value or units You receive. As a result, You authorise Citiq to make this deduction to the extent that You are indebted to us.

6.6 You further agree that You will liable to pay us the Fees in relation to the use of the Service and/or each Citiq Advance Request. Details of the Fees and the calculation thereof is set out at our website on https://citiqadvance.co.za/faq/. The payment of the Fees by You will be made, together with the settlement of the Citiq Advance Token Value, as set out in clause 6.3 above. It is recorded, for the avoidance of doubt, that the payment of the Fees will be deducted by us, as a first priority, from the subsequent purchases You make for any Citiq Prepaid Electricity Vending Tokens and that once the Fees have been settled in full, all further deductions will then be applied towards the settlement of the Citiq Advance Token Value.

6.7 You warrant and agree that any person that uses or has used your device or SIM card (from time to time) in the past or future to apply for a Citiq Advance Product or to purchase any Citiq Products from time to time agrees that both of You (together and separately) are indebted to us for paying for the Services used.

6.8 If You use your SIM card or device to buy prepaid electricity for a specific electricity meter or link your SIM card or device to that meter through your banking profile or application, You agree that any prepaid electricity received as a Citiq Advance Product may be reduced or negated if you owe us money, on a rand for rand basis. If someone else buys electricity for a meter connected to your account while you still owe us any Citiq Advance Token Value, You are permitting us to take the money You owe from that purchase to pay off your debt. Neither You nor the third party will have any claim against us in this regard. When we provide You with a Citiq Advance Product, the transaction will be between You and us, and the municipality or utility to which the pre-paid electricity Citiq Advance Product pertains will not be involved. Accordingly, You agree and understand that you shall have no claim against the relevant municipality or utility concerning such Citiq Advance Product.

6.9 Any amount You owe us shall be payable, without deduction, set-off or demand. In our sole discretion, we may allocate any recoveries to any particular indebtedness You have to us.

6.10 You can view all Citiq Advance Token transactions, payments allocated, and the amount outstanding regarding the Citiq Advance Token Value reflected on your Citiq Advance Token Account from time to time via the Citiq Tenant Application.

6.11 Citiq will not offer refunds for successful purchases. If you did not request the Citiq Advance Token Product, please contact us immediately on 087 55 111 91 for further assistance.

7. Protection of Personal Information and Disclosure

7.1 You, as a result, consent to and grant us authorisation to utilise and disclose information (including any Personal Information) about You and/or your utilisation of the Service and your management of your Citiq Advance Token Account to pertinent companies, suppliers, merchants, agents, or third-party service providers as may be necessary for purposes of us pursuing our legitimate business interests. This is conducted to administer your Citiq Advance Token Account, furnishing You with the Service, safeguarding your interests, enabling a supplier to deliver emergency services, or when an official regulatory or legislative body solicits the information or is mandated by law or court proceedings.

7.2 For as long as you use the Services, You agree that we may collect, process and retain your Personal Information, in compliance with the provisions of POPIA, to offer and administer the Services to You.

7.3 In addition to the authorities granted by You in these Terms and your Citiq Tenant Application, You authorise Citiq to process, use and share your Personal Information and transact history following Citiq’s Privacy Policy (available at insert link) and in compliance with the provisions of POPIA.

8. Authorisations

8.1 By entering into this Agreement, You –

8.1.1 agree to the relevant applicable Website User Terms, as referenced on our Website;

8.1.2 agree that You will be responsible for (meaning you will be liable to us) any Citiq Advance Products made to your SIM card or device from time to time;

8.1.3 warrant that you and any person using your SIM card or device are at least 18 years of age;

8.1.4 agree that to the maximum extent permitted by applicable law, you indemnify and hold us, our Affiliates and merchants (this being a stipulation in favour of such Affiliates and Merchants that they can accept) harmless;

8.1.5 agree that this Agreement is governed by South African law;

8.1.6 agree that this Agreement constitutes the whole Agreement between the parties and no side agreement, representation or variation (save those that we are permitted to make) shall be binding;

8.1.7 agree that You shall not be entitled to transfer any rights or obligations under this Agreement unless we agree to it;

8.1.8 agree that we are entitled to transfer any rights or obligations, or part thereof (including by way of splitting of claims) under this Agreement to a Group company or any other third party; and

8.1.9 agree that we, at our sole discretion, may occasionally amend this Agreement, including the Fee(s) charged, as/when necessary.