Energypro - Terms of Service
for
Open Access Energy (Pty) Ltd and its subsidiaries and trading divisions
(hereinafter referred to as OA Energy)
1. Agreement
1.1 These Terms and Conditions govern the access or use by you of the applications, websites and services, including the Energypro service (the Services), which are owned and made available by Open Access Energy (Pty) Ltd (OA Energy).
1.2 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
1.3 By accessing and/or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.
1.4 These Terms and Conditions are to be read with OA Energy’s policies and manual, which can be accessed here https://www.openaccess.energy/privacy-policy
2. Licence
2.1 OA Energy grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable licence to access and use the Services (Licence).
2.2 The Licence is provided based on the Energypro Cloud Billing software licence agreement, at the sole and absolute discretion of OA Energy and is subject to your compliance with these Terms and Conditions.
2.3 OA Energy has the right to immediately suspend or terminate your Licence at any time and for any reason whatsoever, including as a result of your breach of these Terms and Conditions.
3. OA Energy Account
3.1 You will be provided with an account to access the Services (the Account). The Account has two types of users: a “System Administrator” and “Customers”.
3.2 The System Administrator takes full responsibility for all aspects of the Account, including:
3.2.1 keeping their access details, including their username and password, confidential;
3.2.2 not allowing other people to use their access details;
3.2.3 providing access to Customers;
3.2.4 determining permission requirements for Customers;
3.2.5 any access or use of the Account, including the access or use of the Account by the Customers and unauthorised users.
3.3 Each Customer is responsible for:
3.3.1 keeping their access details, including their username and password, confidential;
3.3.2 not allowing other people to use their access details; and
3.3.3 jointly and severally with the System Administrator, any access or use of the Account using their username and password, including the access or use of the Account by unauthorised users.
3.4 You are entitled to change your password at any time. OA Energy may determine the requirements that will need to be met in respect of the password. These requirements may be changed at any time by OA Energy and you will accordingly be required to change your password.
3.5 You warrant that all information provided by you to OA Energy on the Services, or by any other means, shall be true, accurate and correct and you undertake to continuously update the information as soon as is practically possible following any changes.
4. Services
4.1 The Services include access to and use of the Energypro service.
4.2 OA Energy reserves the right to change the Services at any time. You will be notified of any material changes.
5. Maintenance
5.1 OA Energy conducts maintenance on the Services which may result in downtime for the Services.
5.2 You will be notified of all scheduled maintenance. There may be instances where urgent maintenance is required in which case it may not be possible to notify you in advance.
6.3 OA Energy shall not be held liable for any loss or corruption of data while accessing or using the Services, including during any maintenance period.
6. Devices and Network Access
6.1 You are responsible for obtaining and maintaining a compatible device and/or computer to access and use the Services. OA Energy does not guarantee that its Services will function on all devices and computers.
6.2 Your cellular network provider may charge you for accessing the Services or for any usage of the Services on your device and/or computer. OA Energy cannot be held responsible for these charges.
6.3 The Services will not function and/or experience delays if the device or computer does not have access to the internet.
7. Electronic Communications
7.1 You consent to receiving communication from OA Energy using electronic means, including emails, WhatsApp messages and pop-up notifications.
7.2 Any electronic communication sent to you shall be deemed to have been received when the communication has entered an information system designated or used for that purpose and is capable of being retrieved and processed by you.
8. Intellectual Property Rights
8.1 All intellectual property rights relating to the Services and all content and data on it, including content that is made available to you and data that is captured or produced by you, are owned by OA Energy (Intellectual Property Rights).
8.2 You are prohibited from:
8.2.1 Accessing the Services without permission;
8.2.2 copying or altering the Services or any variations of it, including:
8.2.2.1 impairing the functionality of the Services;
8.2.2.2 undermining the security and/or integrity of the systems or networks used by the Services;
8.2.2.3 transferring malware onto the Services;
8.2.3 using or disseminating the source code, content and data on the Services without the requisite authorisation; or
8.2.4 reverse engineering the Services.
8.3 You shall keep confidential all information which you obtain in relation to the Intellectual Property Rights and shall not pass on any information to third parties without the prior written consent of OA Energy.
9. Termination
9.1 You are entitled to give notice of the termination of your Account at any time. Notice may be given using the Services or the contact details in clause 19.
9.2 Upon the termination of your Account:
9.2.1 your right to access and use the Services shall immediately be revoked by OA Energy; and
9.2.2 you shall, if applicable, surrender to OA Energy all materials relating to the Intellectual Property Rights, including all memoranda, documents, writings, computer records, data and other materials relating to the Intellectual Property Rights.
10. DISCLAIMER
10.1 OA ENERGY DOES NOT GUARANTEE THE OPERATION OR SECURITY OF THE SERVICES, INCLUDING:
10.1.1 CONTINUOUS ACCESS TO THE CONTENT AND DATA ON THE SERVICES;
10.1.2 NO LOSS OR CORRUPTION OF DATA;
10.1.3 NO INACCURATE, INCOMPLETE OR INADEQUATE INFORMATION ON THE SERVICES;
10.1.4 WHETHER THE SERVICES, THE CONTENT AND DATA ON IT, ANY HYPERLINK OR COMMUNICATION SENT TO YOU IS FREE FROM MALWARE, INCLUDING VIRUSES.
10.2 YOU ACCEPT THAT SOME OF THE CONTENT AND DATA ON THE SERVICES COMES FROM EXTERNAL SOURCES AND YOU AGREE THAT OA ENERGY IS NOT RESPONSIBLE FOR ANY ERRORS, INACCURACIES OR INCOMPLETE INFORMATION. IT IS YOUR RESPONSIBILITY TO VERIFY THE ACCURACY OF ANY CONTENT OR DATA ON THE SERVICES.
11. INDEMNITY AND LIMITATION OF LIABILITY
11.1 YOU AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK AND OA ENERGY SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONTINGENT OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER ARISING, WHETHER BASED ON CONTRACT, DELICT, STRICT LIABILITY OR OTHERWISE.
11.2 BY USING THE SERVICES, YOU INDEMNIFY AND HOLD OA ENERGY, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS (AND THE COSTS INCURRED IN DEFENDING SUCH CLAIMS AND ANY COSTS FOUND TO BE PAYABLE TO THIRD PARTIES IN RESPECT OF SUCH CLAIMS), LIABILITIES, DAMAGES AND LOSSES ARISING FROM OR IN CONNECTION WITH ITS USE OF THE SERVICES, AND/OR ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS.
12. Amendments to these Terms and Conditions
12.1 You agree that OA Energy has the right to unilaterally amend the Terms and Conditions at any time.
12.2 The latest version of the Terms and Conditions shall:
12.2.1 be accessible on the Services each time you access them; and
12.2.2 shall apply each time you access the Services.
13. Processing Your Information
13.1 Your attention is drawn to OA Energy’s Protection of Personal Information Act, 4 of 2013 (POPI) policy which can be accessed here https://www.openaccess.energy/privacy-policy
13.2 OA Energy collects your information (personal and/or special personal information) when you use the Services or contact OA Energy electronically.
13.3 By using the Services, you expressly consent to OA Energy:
13.3.1 collecting your information directly from you and/or from any other source;
13.3.2 processing and further processing your information;
13.3.3 retaining records of your information for so long as OA Energy deems it necessary in its sole discretion;
13.3.4 giving your information to any person who provides services to OA Energy or acts as a third party vendor or to whom OA Energy has transferred or proposes to transfer any of its rights and duties as contained in these Terms and Conditions; and
13.3.5 sharing information with OA Energy’s service providers, as necessary.
13.4 You confirm that OA Energy may process your information for any purpose related to the Services.
13.5 OA Energy shall implement all reasonable security measures to ensure that your information is processed securely.
13.6 Please immediately contact legalnotices@openaccess.energy OA Energy should you wish for OA Energy to cease processing your information.
14. Processing Third Party Information
14.1 The Services use third party information to perform their functions.
14.2 The third party information will be accessed and used by you when using the Services.
14.3 Your attention is drawn to POPI. You warrant that you are familiar with POPI and the meaning of terms defined in POPI. Terms contained in this clause 14 (capitalized or otherwise) shall, unless otherwise defined, bear the meaning assigned to them in POPI.
14.4 By using the Services, you warrant and undertake that:
14.4.1 you will comply with all of the provisions of POPI, if applicable, in the processing of any personal information of third parties;
14.4.2 without limiting the generality of the aforegoing, you will:
14.4.3 secure the integrity and confidentiality of any third-party personal information, obtained through the Services or otherwise, by taking appropriate technical and organisational measures to prevent:
14.4.3.1 loss, damage to or unauthorised destruction of personal information; and
14.4.3.2 unlawful access to or processing of personal information;
14.4.4 have due regard to generally accepted information security practices and procedures;
14.4.5 process and/or make use of personal information strictly within the ambit of consent provided by the person to who the personal information relates; and
14.4.6 process personal information in a reasonable manner that does not infringe the privacy of any individual; and
14.4.7 any third-party personal information provided by You to OA Energy, using the Services or otherwise, is or will be lawfully obtained, lawfully processed, and lawfully provided to OA Energy.
15. Cookies
15.1 A cookie is a small text file which is placed on your electronic device when you access the Services. Cookies allow OA Energy to:
15.1.1 recognise you whenever you visit the Services – this speeds up your access;
15.1.2 obtain information about your preferences, online movements and use of the internet;
15.1.3 carry out research and statistical analysis to help improve OA Energy’s content, products and services and to help us better understand our visitors requirements and interests;
15.1.4 target OA Energy’s marketing and advertising campaigns more effectively by providing relevant advertisements; and generally making your online experience more efficient and enjoyable;
15.1.5 by using the Services you consent to OA Energy’s use of cookies and other similar technologies. If you no longer wish for OA Energy to make use of cookies or other similar technologies, you may modify the settings of your browser to reject cookies or disable cookies entirely.
16. Third Party Websites and Applications
16.1 The Services may contain links to third party websites and applications. OA Energy may provide such links as a convenience and does not necessarily endorse the linked websites and applications or their respective businesses.
16.2 OA Energy is not responsible for the content on any linked website or application.
16.3 OA Energy may have third parties provide services relating to the Services, including development, maintenance and security services. OA Energy shall take all reasonable steps to ensure that the third parties comply with OA Energy’s policies, including OA Energy’s POPI Policy.
17. Dispute Resolution
17.1 Any dispute arising from or in connection with these Terms and Conditions will be finally resolved by arbitration in accordance with the Rules of the Association of Arbitrators (Southern Africa) (Rules) or its successor current at the date of the dispute arising.
17.2 The arbitrator will be a person mutually agreed on or, in the absence of agreement, appointed by the Association of Arbitrators (Southern Africa) or its successor, subject to the provisos that:
17.2.1 articles 3 and 4 of the Rules relating the issuing of a notice of arbitration and response will not be prerequisites to the making of the appointment; and
17.2.2 the arbitrator so appointed must be a practising senior counsel, a retired judge or an attorney with at least 15 years’ experience in practice.
17.3 Subject to the provisions in clauses 15.1 and 15.2, the arbitration proceedings will be conducted in accordance with the provisions of the Arbitration Act, 1965, or its successor.
18. General
18.1 These Terms and Conditions are governed by and must be interpreted and construed in accordance with the laws of the Republic of South Africa.
18.2 You may not cede any rights under these Terms and Conditions without the prior written consent of OA Energy. You consent to OA Energy ceding any of its rights under these Terms and Conditions.
18.3 Any indulgence by OA Energy, or failure strictly to enforce these Terms and Conditions, must not be construed as a waiver or be capable of founding an estoppel.
18.4 If any part of these Terms and Conditions is, for any reason whatsoever, declared or becomes unenforceable, invalid or illegal, these Terms and Conditions must be interpreted so as to exclude the offending provision but retain the essential terms of these Terms and Conditions.
19. Contact Details
19.1 Any feedback, complaints, notices and/or claims can be brought to the attention of OA Energy using either the Services or the following contact details:
19.1.1 Telephone number: +27837217011
19.1.2 Email address: legalnotices@openaccess.energy
PAIA Manual
THE OPEN ACCESS ENERGY GROUP
Interpretation
1.1 The Promotion of Access to Information Act No. 2 of 2000, (“the Act”) came into operation on 23 November 2001. Section 51 of this Act requires that private bodies compile a manual giving information to the public regarding the procedure to be followed in requesting information for the purpose of exercising or protecting rights.
1.2 The Open Access Energy Group, being Open Access Energy (Pty) Ltd, Registration Number 2021/109590/07, and all of its affiliates and business partners, is a group of companies that provides a variety of energy technology solutions.
1.3 We, as a group of private entities, have compiled this manual, not only to comply with the provisions of the Act, but also to foster a culture of transparency and accountability in our environment and to ensure that members of the public have effective access to information in our possession which will assist them in the exercise and protection of their rights.
1.4 The categories of information which we possess, which you are able to access, is dealt with in this manual. You will also be shown the correct procedure to follow should you require access to any of this information.
1.5 A copy of this manual is also available on our website.
Section A – Our details
Full Name: The Open Access Energy Group, being Open Access Energy (Pty) Ltd, registration number 2021/109590/07, and all of its affiliates, business partners, subsidiaries and trading divisions, including each of the entities recorded in Annexure “A”.
Registered Number: See Annexure “A”
Registered Address: See Annexure “A”
Postal Address: See Annexure “A”
Telephone Number: See Annexure “A”
Fax Number: See Annexure “A”
Head/CEO: See Annexure “A”
Designated Information Officer: See Annexure “A”
Email Address of Information Officer:See Annexure “A”
Website: See Annexure “A”
Section B – The Official Guide
In accordance with section 10 of the Act, the South African Human Rights Commission (SAHRC) has published a guide (“the Guide”) containing information reasonably required by a person wishing to exercise or protect any right in terms of this Act. This Guide appears on the South African Human Rights Commission’s website (www.sahrc.org.za under the “Home” tab, click on the link “Understanding PAIA”) and contains the following information:
3.1 Section 1 – Introduction (including the purpose of the Guide and PAIA, other relevant legislation and the role of SAHRC).
3.2 Section 2 – Making a Request for a Record: Before you Begin (including the purpose of PAIA manuals and access to automatically available records).
3.3 Section 3 –Making a Request for Information: The Process (including the forms of request, who can make a request, the fees involved and the roles and duties of information officers).
3.4 Section 4 – Responses to a Request for Information (including types of responses, when a request may be refused and third party notification processes).
3.5 Section 5 – Legal Remedies Against Decisions (including action to be taken once a decision is made, internal and court remedies).
3.6 Section 6 – Key References and Other Useful Materials.
Enquiries regarding the Guide can be addressed to the SAHRC, the contact details of which are as follows:
Post:
South African Human Rights Commission
Promotion of Access to Information Act Unit
Research and Documentation Department
Private Bag X2700
Houghton
2041
Telephone: (011) 877-3600
Fax: (011) 403-0625
Website: www.sahrc.org.za
E-mail: lidlamini@sahrc.org.za and info@sahrc.org.za
Section C – Information available in terms of the Act
4.1 Categories of information
We hold the following categories of information in respect of each entity within the Open Access Energy Group:
(a) STATUTORY COMPANY INFORMATION
(i) A copy of the Memorandum of Incorporation and any amendments or alterations to it.
(ii) A copy or copies of rules made in terms of sections 15(3) to (5) of the Companies Act No. 71 of 2008 (“Companies Act”).
(iii) A record of our directors.
(iv) Copies of reports presented at annual general meetings.
(v) Copies of Annual Financial Statements, including:
(A) the auditor’s report, if the Annual Financial Statements are audited; and
(B) the directors’ report.
(vi) Copies of accounting records required by the Companies Act.
(vii) Notices of all shareholders[1] meetings / members’ meetings.[2]
(viii) Minutes of all shareholders meetings / members’ meetings.
(ix) All resolutions adopted by shareholders / members and any documents made available by us to the shareholders / members in relation to their resolutions.
(x) Copies of written communications sent generally by us to shareholders / members.
(xi) Minutes of all meetings of directors, or directors’ committees, or the audit committee (if any).
(xii) Resolutions of directors, or directors’ committees, or the audit committee (if any).
(xiii) Securities register / members’ register.
(xiv) A record of our company secretaries and auditors (if any), including:
(A) the name of each such person; and
(B) the date of each of their appointments.
(b) ACCOUNTING RECORDS
(i) Books of account including journals and ledgers.
(ii) Delivery notes, orders, invoices, statements, receipts, vouchers and bills of exchange.
(c) STATUTORY EMPLOYEE RECORDS
(i) Employees’ names and occupations.
(ii) Time worked by each employee.
(iii) Remuneration paid to each employee.
(iv) Date of birth of each employee under the age of 18 years (if any).
(v) Wages register (if applicable).
(vi) Attendance register.
(vii) Employment equity plan (if applicable).
(viii) Salary and wages register.
(ix) Records of foreign employees (if any).
(x) Collective agreements (if any) and any records required in terms thereof.
(xi) Arbitration awards (if any) and any records required in terms thereof.
(xii) Determinations made in terms of the Wage Act (if any) and any records required in terms thereof.
(xiii) Records of strikes, lockouts or protest action (if any).
(xiv) Industrial training records (if applicable).
(xv) Staff records (after date of employment ceases).
(xvi) Expense accounts.
(xvii) Tax returns of employees.
(xviii) Skills development plan (if applicable).
(d) OTHER EMPLOYEE RECORDS
(i) Employee contracts.
(ii) Incentive schemes.
(iii) Employee stock purchase plan.
(e) INTELLECTUAL PROPERTY
(i) Copyright-protected material.
(ii) Agreements relating to intellectual property such as licence agreements, secrecy agreements, research and development agreements, consulting agreements, use agreements, joint venture agreements and joint development agreements.
(f) AGREEMENTS AND CONTRACTS
(i) Material agreements concerning the provision of services or materials.
(ii) Joint venture agreements, partnership agreements, participation, franchise, co-marketing, co‑promotion or other alliance agreements.
(iii) Agreements with shareholders, officers or directors.
(iv)Agreements with contractors and suppliers.
(v) Agreements with customers.
(vi) Warranty agreements.
(vii) Sale agreements.
(viii) Distributor, dealer or agency agreements.
(ix) Restraint agreements.
(x) Agreements with governmental agencies.
(xi) Purchase or lease agreements.
(g) TAXATION
(i) Copies of all Income Tax Returns and other tax returns and documents.
(h) LEGAL
(i) Complaints, pleadings, briefs and other documents pertaining to any actual, pending or threatened litigation, arbitration or investigation.
(ii) Settlement agreements.
(iii) Material licences, permits and authorisations.
(i) INSURANCE
(i) Insurance policies.
(ii) Claim records.
(iii) Details of insurance coverages, limits and insurers.
(j) INFORMATION TECHNOLOGY
(i) Hardware.
(ii) Operating systems.
(iii) Software packages.
(iv) Disaster recovery.
(v) Internal systems support and programming / development.
(vi) Capacity and utilization of current systems.
(vii) Development or investment plans.
(viii) Agreements.
(ix) Licenses.
(x) Audits.
(k) SALES AND MARKETING
(i) Products.
(ii) Markets.
(iii) Customers.
(iv) Brochures, newsletters and advertising materials.
(v) Sales.
(vi) Public relations policies and procedures.
(vii) Domestic and export orders.
4.2 Procedure for requesting access to the above information
(a) If you wish to request access to any of the above categories of information, you are required to complete a request form as set out in Annexure “B” hereto. These forms are available from:
(i) our Information Officer (whose contact details are in section A of this manual);
(ii) the SAHRC website (whose contact details are in section B of this manual); and
(iii) the Department of Justice and Constitutional Development website (www.doj.gov.za).
(b)There is a prescribed fee (payable in advance) for requesting and accessing information in terms of the Act. Details of these fees are contained in the request form and in
Annexure “C” hereto.
(c)You may also be called upon to pay the additional fees prescribed by regulation for searching for and compiling the information which you have requested, including copying charges.
(d) It is important to note that access is not automatic – you must identify the right you are seeking to exercise or protect and explain why the record you request is required for the exercise or protection of that right. You will be notified in the manner indicated by you on the request form whether your request has been approved.
Section D – Information available in terms of other legislation
Where applicable to our operations, information is also available in terms of certain provisions of the following statutes:
· Administration of Estates Act No. 66 of 1965
· Armaments Corporation of South Africa, Limited Act No. 51 of 2003
· Banks Act No. 94 of 1990
· Basic Conditions of Employment Act No. 75 of 1997
· Child Justice Act No. 75 of 2008
· Children’s Act No. 38 of 2005
· Collective Investment Schemes Control Act No. 45 of 2002
· Companies Act No. 71 of 2008
· Compensation for Occupational Injuries and Diseases Act No. 130 of 1993
· Competition Act No. 89 of 1998
· Construction Industry Development Board Act No. 38 of 2000
· Consumer Protection Act No. 68 of 2008
· Co-operatives Act No. 14 of 2005
· Co-operatives Bank Act No. 40 of 2007
· Correctional Services Act No. 111 of 1998
· Customs and Excise Act No 91 of 1964
· Debt Collectors Act No. 114 of 1998
· Defence Act No. 42 of 2002
· Designs Act No. 195 of 1993
· Drugs and Drug Trafficking Act No. 140 of 1992
· Electronic Communications and Transactions Act No. 25 of 2002
· Employment Equity Act No. 55 of 1998
· Estate Duty Act No. 45 of 1955
· Financial Intelligence Centre Act No. 38 of 2001
· Firearms Control Act No. 60 of 2000
· Health Professions Act No. 56 of 1974
· Home Loan and Mortgage Disclosure Act No. 63 of 2000
· Housing Act No. 107 of 1997
· Housing Development Agency Act No. 23 of 2008
· Income Tax Act No. 58 of 1962
· International Trade Administration Act No. 71 of 2002
· Labour Relations Act No. 66 of 1995
· Land and Agricultural Development Bank Act No. 15 of 2002
· Legal Deposit Act No. 54 of 1997
· Liquor Act No. 59 of 2003
· Local Government: Municipal Finance Management Act No. 56 of 2003
· Long-term Insurance Act No. 52 of 1998
· Mine Health and Safety Act No. 29 of 1996
· Mineral and Petroleum Resources Development Act No. 28 of 2002
· National Conventional Arms Control Act No. 41 of 2002
· National Credit Act No. 34 of 2005
· National Environmental Management Act No. 107 of 1998
· National Environmental Management Integrated Coastal Management Act No. 24 of 2008
· National Environmental Management Waste Act No. 59 of 2008
· National Key Points Act No. 102 of 1980
· National Nuclear Regulator Act No. 47 of 1999
· National Qualifications Framework Act No. 67 of 2008
· National Railway Safety Regulator Act No. 16 of 2002
· National Regulator for Compulsory Specifications Act No. 5 of 2008
· National Road Traffic Act No. 93 of 1996
· National Water Act No. 36 of 1998
· Nuclear Energy Act No. 131 of 1993
· Nuclear Energy Act No. 46 of 1999
· Occupational Health and Safety Act No. 85 of 1993
· Prevention of Organised Crime Act No. 121 of 1998
· Prohibition or Restriction of Certain Conventional Weapons Act No. 18 of 2008
· Public Audit Act No. 25 of 2004
· Public Finance Management Act No. 1 of 1999
· Regulation of Interception of Communications and Provision of Communication-related Information Act No. 70 of 2002
· Road Transportation Act No. 74 of 1977
· Securities Services Act No. 36 of 2004
· Securities Transfer Tax Administration Act No. 26 of 2007
· Security Officers Act No. 92 of 1987
· Short-term Insurance Act No. 53 of 1998
· Skills Development Levies Act No. 9 of 1999
· South African Police Service Act No. 68 of 1995
· South African Schools Act No. 84 of 1996
· Space Affairs Act No. 84 of 1993
· Spatial Data Infrastructure Act No. 54 of 2003
· Transfer Duty Act No. 40 of 1949
· Unemployment Insurance Act No. 63 of 2001
· Unit Trusts Control Act No. 54 of 1981
· Value-Added Tax Act No. 89 of 1991
· Witness Protection Act No. 112 of 1998
Where applicable to our operations, we also retain records and documents in terms of the following statutes:
· Agricultural Produce Agents Act No. 12 of 1992
· Basic Conditions of Employment Act No. 75 of 1997
· Close Corporations Act No. 69 of 1984
· Companies Act No. 71 of 2008
· Compensation for Occupational Injuries and Diseases Act No. 130 of 1993
· Co-operatives Act No. 14 of 2005
· Co-operatives Bank Act No. 40 of 2007
· Customs and Excise Act No. 91 of 1964
· Diamond Export Levy (Administration) Act No. 14 of 2007
· Employment Equity Act No. 55 of 1998
· Estate Agency Affairs Act No. 112 of 1976
· Explosives Act No. 26 of 1956
· Firearms Control Act No. 60 of 2000
· Financial Intelligence Centre Act No. 38 of 2001
· Health Professions Act No. 56 of 1974
· Immigration Act No. 13 of 2002
· Income Tax Act No. 58 of 1962
· Insolvency Act No. 24 of 1936
· Labour Relations Act No. 66 of 1995Liquor Act No. 59 of 2003
· Machinery and Occupational Safety Act No. 6 of 1983
· Mine Health and Safety Act No. 29 of 1996
· Mineral and Petroleum Resources Development Act No. 28 of 2002
· Mutual Banks Act No. 124 of 1993
· National Credit Act No. 34 of 2005
· National Payment System Act No. 78 of 1998
· National Water Act No. 36 of 1998
· Nursing Act No. 50 of 1978
· Occupational Health and Safety Act No. 85 of 1993
· Older Persons Act No. 13 of 2006
· Prescription Act No. 68 of 1969
· Regulation of Interception of Communications and Provision of Communication-related Information Act No. 70 of 2002
· Second-Hand Goods Act No. 6 of 2009
· Sectional Titles Act No. 95 of 1986
· Securities Services Act No. 36 of 2004
· Securities Transfer Tax Administration Act No. 26 of 2007
· Skills Development Act No. 97 of 1998
· Traditional Health Practitioners Act No. 22 of 2007
· Transfer Duty Act No. 40 of 1949
· Value-added Tax Act No. 89 of 1991
Section E – Information automatically available
The following categories of records are automatically available for inspection, purchase or photocopying. In other words, you do not need to request this information in terms of the Promotion of Access to Information Act.
Request forms for these categories of information are also available from our Information Officer, whose contact details appear in section A of this manual.
1. Newsletters.
2. Booklets.
3. Pamphlets / Brochures.
4. Posters.
5. Other literature intended for public viewing.
Section F - POPI
This manual is to be read together with the Open Access Energy Group’s policy in terms of the Protection of Personal Information Act 4 of 2003 (the POPI policy). The POPI policy is published together with this PAIA manual and is furthermore available upon request from the information officer.
The POPI policy contains, amongst other things, information pertinent to:
1. The purpose for which we process personal information;
2. The categories of data subjects in respect of which we process personal information, and the categories of information relating thereto;
3. The categories of recipients to whom we supply personal information;
4. Any planned transborder flows of personal information; and
5. A description of the information security measures which we implement to ensure the confidentiality, integrity and availability of the personal information which we process.
[1] In terms of the Companies Act, a reference to a shareholder of a company is a reference to a holder of any securities in that company, including but not limited to shares and debt instruments.
[2] If the company is a non-profit company then reference to “shareholders” or “securities” should be replaced with reference to “members” wherever indicated.
It is recorded that, for the avoidance of doubt, the list of entities within the Open Access Energy Group may be subject to change from time to time. An updated list of entities within the Open Access Energy Group may be obtained from Open Access Energy Head Office on contact number +27837217011 or requested by email to legalnotices@openaccess.energy.
Annexure B: Form C
FORM C
REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
(Section 53 (1) of the Promotion of Access to Information Act, 2000(Act No. 2 of 2000))
[Regulation 10]
A. Particulars of private body
The Head:
B. Particulars of person requesting access to the record
(a) The particulars of the person who requests access to the record must be given below.
(b) The address and/or fax number in the Republic to which the information is to be sent must be given.
(c) Proof of the capacity in which the request is made, if applicable, must be attached.
Full names and surname:
Identity number:
Postal address:
Fax number:
Telephone number:
E-mail address:
Capacity in which request is made, when made on behalf of another person:
C. Particulars of person on whose behalf request is made
This section must be completed ONLY if a request for information is made on behalf of another person.
Full names and surname:
Identity number:
D. Particulars of record
(a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
(b)If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Description of record or relevant part of the record:
2. Reference number, if available:
3. Any further particulars of record:
E. Fees
(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
(b) You will be notified of the amount required to be paid as the request fee.
(c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
(d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.
Reason for exemption from payment of fees:
F. Form of access to record
If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.
Disability:
Form in which record is required:
Mark the appropriate box with an X.
NOTES:
(a) Compliance with your request in the specified form may depend on the form in which the record is available.
(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
(c) The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.
1. If the record is in written or printed form:
copy of record*
inspection of record
2. If record consists of visual images
(this includes photographs, slides, video recordings, computer-generated images, sketches, etc.):
view the images
copy of the images*
transcription of the images*
3. If record consists of recorded words or information which can be reproduced in sound:
listen to the soundtrack (audio cassette)
transcription of soundtrack* (written or printed document)
4. If record is held on computer or in an electronic or machine-readable form:
printed copy of record*
printed copy of information derived from the record*
copy in computer readable form* (stiffy or compact disc)
*If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you?
Postage is payable.
YES
NO
G. Particulars of right to be exercised or protected
If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Indicate which right is to be exercised or protected:
2. Explain why the record requested is required for the exercise or protection of the aforementioned right:
H. Notice of decision regarding request for access
You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
How would you prefer to be informed of the decision regarding your request for access to the record?
Signed at this day of 20
SIGNATURE OF REQUESTER/PERSON ON WHOSE BEHALF REQUEST IS MADE