You will only be able to sign up if we have entered a separate Service Agreement with you or your Service Provider (for example, your body corporate, landlord, utility provider or insurer). The use of the App is part of our services and is also subject to that agreement.
We have tried to keep the fine print to a minimum, but if you have any questions, please contact email@example.com. All of the clauses are important, but the consequences of some are more important than others. These terms, we have highlighted like this.
1 About these terms
1.1 Who we are
The App is run by Plentify (Pty) Ltd.
1.1.1 The App is run by Plentify (Pty) Ltd. Our registration number is 2017/018535/07. Our address is 407-4 Woodstock Exchange, 66 Albert Rd, Woodstock, Cape Town. We will refer to ourselves as ‘Plentify’ or ‘us’.
1.1.2 When we refer to ourselves we include our shareholders, directors and employees.
1.1.3 You can contact us at firstname.lastname@example.org.
1.2 South African law applies
South African law applies to this agreement.
1.2.1 Plentify is a South African company governed by South African law. If you want to raise any issue with us or if you have a dispute for any reason then South African law will apply.
1.2.2 We both agree to submit to the exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town), regarding any and all disputes arising in connection with this agreement.
1.3 These terms are connected to the Service Agreement
If the Service Agreement terminates your access to the App will be suspended (unless you have entered into a separate service agreement with us).
1.3.1 These terms are connected to the Service Agreement.
1.3.2 If the Service Agreement is terminated by either of us, for whatever reason, your access to the App will be suspended.
1.3.3 The only exception to this rule is if you entered into a separate service agreement with us regarding the continued use of the App.
1.4 These terms might change
We may have to change these terms from time to time, but it has to happen in writing.
1.4.1 We may have to change these terms from time to time. We will notify you of these changes. If you continue to use the App, you agree to these changes.
1.4.2 Neither of us can amend the agreement or waive a right through conduct alone. For instance, just because we elect not to act if you are in breach, does not mean that we have waived the right to act in future.
2. What are you getting
2.1 What the App does
The App allows you to monitor and control your water heater online.
The primary function of the App is to enable you to:
2.1.1 track your savings in real-time,
2.1.2 personalise your hot water schedule, and to
2.1.3 control your water heater remotely.
2.2 The system monitors and controls your water heater
The App is one part of a broader system which monitors the health of your hot water system and personalises when your water heater turns on and off.
2.2.1 The broader system monitors the health of your hot water system so that we can alert you and / or your Service Provider of issues.
2.2.2 The system turns your water heater on and off with the goals of providing you with hot water, reducing the cost of electricity, and creating a more affordable and reliable electricity system.
2.2.3 We are constantly improving our algorithms and may adjust the operation of your water heater from time to time to better achieve these goals.
2.3 This may change
Over time the functionality of the App will change.
2.3.1 We may change or add to the functionality of the App from time to time.
2.3.2 While we will always try to make updates as smoothly as possible, there may be some interruptions in the services and some inconvenience.
3 Your responsibilities
You have the right to use the App, but you also have some responsibilities.
3.1 While the App is free to access for Plentify users, using it is not. You are responsible for paying your network service provider for all the charges you incur when using the App. For instance, you will be liable for data charges.
3.2 You must ensure that your device supports the App:
3.2.1 The App caters for updated versions of common desktop and mobile browsers. If you have an older browser or operating system the App may not work properly.
3.2.2 The App is designed to operate on devices according to their manufacturer’s specifications. If you have modified your device or its operating system, the App may not work properly or at all.
3.3 You must respect our intellectual property. This means that:
3.3.1 We own or are licenced to use all intellectual property rights in all materials, text, drawings, data, software, names, logos and service marks (‘the Materials’) that are used on this App.
3.3.2 You may only use the Materials to the extent necessary to enable you to make use of the App. ‘Using’ includes copying, downloading, amending, publishing, broadcasting, linking to and sending the information.
3.3.3 If you want to use the Materials for another purpose (e.g. commercial purposes), you must obtain our prior written permission. Please send your request for permission to email@example.com.
3.4 Remember to log out from the App if you transfer or sell your device to someone else.
3.5 You must help us keep your information secure by protecting your login details and passwords. If you have reason to suspect that your password or account has been compromised you should change your login details and notify us as soon as possible at firstname.lastname@example.org. If this happens, we might temporarily suspend your access to limit unauthorised access while we investigate.
3.6 You must not:
3.6.1 use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology for any unlawful purpose, including the unlawful access to, acquisition of, control over, copying or monitoring of the App;
3.6.2 use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to unlawfully and without our knowledge navigate or search the App, other than the search engines and search agents available through the App and generally available third-party web browsers;
3.6.3 post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the App;
3.6.4 attempt to decipher, decompile, or reverse-engineer any of our software.
3.7 If you do not comply with these rules of use or the terms of the Service Agreement we may suspend your access to the App immediately.
4 What are we not responsible for (the fine print)
4.1 We cannot guarantee 100% uninterrupted service
Sometimes, despite our best efforts, you may be unable to access the App, the App may not be able to communicate with the HotBot or other controller (the equipment which monitors and controls the water heater and communicates with us) or something may go wrong.
4.1.1 While we will do everything we can to keep the App up and running, we cannot guarantee that you will always have uninterrupted access or that the App and the HotBot or other controller will always be able to communicate with each other.
4.1.2 If the App goes go down, this is what may happen:
126.96.36.199 We may be unable to calculate your savings. If you are buying hot water as a service, this means that we will not be able to calculate the monthly fee payable in terms of the Service Agreement. If this happens we will assume that you did not use hot water during the period that the App was down.
188.8.131.52 If for whatever reason the communication between the App and the HotBot or other controller is interrupted, we may temporarily activate the electric element to ensure that your hot water supply is not interrupted. This may decrease your savings.
184.108.40.206 If we cannot activate the electric element remotely, there may be times during your hot water schedule where hot water will not be available.
4.1.3 We are not responsible for any error, delay or cost (or decline in savings) that may arise due to the temporary unavailability of the App or an interruption in the communication between the HotBot or other controller and the App.
4.1.4 Your actual savings and the savings we projected on the website may differ as the savings calculator is based on the average eligible household in various municipalities, with tariff hikes in line with National Energy Regulator approved increases and South Africa’s target CPI band. Actual savings will vary based on your electricity tariff, hot water consumption patterns, and actual electricity tariff hikes. This means that the calculator makes an estimate which is not binding.
4.1.5 We are not responsible for issues caused by lost or weak internet connectivity.
4.2 Protect yourself
You must make sure that you protect yourself from cyber threats.
4.2.1 You are responsible for your own security when you use our App. For instance, it is your responsibility to ensure that your computer hardware and software is updated and protected.
4.2.2 Although we will try to prevent it from happening, we are also not responsible for any loss or harm caused by malicious code (such as a virus) which may come from this App.
5 Your personal information
5.1 Your privacy is important to us
Protecting your personal information is important to us.
5.1.1 We collect your personal information during the assessment, sign up and installation phases of our relationship. This includes your name, contact information, information about your hot water usage and hot water system, physical attributes about your house and (if applicable in your Service Agreement) all the personal information required to process payments. We also collect information about how your water heater operates and is used during our relationship. All of this information is required to make the transaction between us possible.
5.1.2 We will do our best to protect your information against unlawful access.
5.1.3 You can help us by ensuring that you use the app securely, for instance by selecting a strong password.
5.2 Who you are sharing your information with
We only share your personal information with your Service Provider as required to serve you, or with our service providers and suppliers who help us deliver the services to you.
5.2.1 You provide your permission for us to share information about the health and performance of your hot water system with your Service Provider. We will provide the minimum information required for them to deliver services to you.
5.2.2 Rest assured that we will not use your personal information for any other purposes and we certainly will not disclose the information unless we are required to do so by law or if we have to use third parties to make the services possible (and then only if they have undertaken to keep your information confidential).
5.2.3 Some of these service providers may be located in other countries that may not have the same levels of protection of personal information as South Africa. If this is the case, we require that they undertake to protect the personal information of our customers to the same level as we do.
5.2.4 Sometimes we will be required by law to share your information. For instance, if we receive a valid warrant.
5.3 What information we collect and why
Almost all of the information we collect, we collect directly from you to enable us to deliver the services you signed up for.
5.3.1 When your HotBot or other controller is installed and you create an account on the App, we collect information such as your contact details, information about your hot water system and usage preferences, in order to communicate with you when needed and personalise your water heater’s operation.
5.3.2 While you use your water heater we will collect information about your water and energy usage via the HotBot or other controller (the equipment which monitors and controls the water heater and communicates with us). This information is used to calculate your savings, to monitor the health of the water heater, to detect tampering and other indicators of abnormal use, to improve and add to our equipment and services and to personalise your water heater’s operation.
5.3.3 These are the types of communications you can expect from us:
220.127.116.11 You will receive service notifications (e.g. about updates, when the App will be down for maintenance).
18.104.22.168 We will give you advice on how to save more or when potential issues with your hot water system are detected.
22.214.171.124 We will let you know if your specific needs will be better served by other equipment. You can elect not to receive this type of notification.
5.3.4 We will send you our newsletter, but only if you asked us to. You can unsubscribe at any time.
5.3.5 We collect information about your use of the App, your internet connection and your device in order to improve the App’s performance.
5.3.6 Anonymised information is used for statistical and research purposes.
5.4 We take reasonable security measures
We take your privacy and the security of your personal information seriously.
5.4.1 We have implemented reasonable security safeguards based on the sensitivity of the personal information to protect it from loss, misuse and unauthorised access, disclosure, alteration or destruction. For example we regularly monitor our systems for possible vulnerabilities and attacks.
5.4.2 But no system is perfect and we cannot guarantee that information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.
5.4.3 Although we cannot prevent all security threats, we have measures in place to minimise the threat to your privacy should something happen. We let you know of any breaches which affect your personal information.
5.5 Your rights and responsibilities
You have the right to know what information we have about you, to correct it, and to opt out of marketing.
5.5.1 You have the right to ask:
126.96.36.199 what personal information we have about you;
188.8.131.52 what information we sent to our suppliers, service providers or any other third party;
184.108.40.206 us to update, correct or delete any out-of-date or incorrect personal information;
220.127.116.11 to unsubscribe from our newsletter or any other direct marketing;
18.104.22.168 object to the processing of your personal information.
5.5.2 You can contact us at email@example.com.
5.5.3 It can take us up to 5 business days to respond to your request.
5.5.4 In certain cases we may require proof of your identity in order to combat fraud.
5.5.5 Changes to some of your information may be subject to additional requirements to prove that the new information is correct.
[Last updated on 26 September 2020]