Terms of Use.

These terms set out the basis on which you may use the Earth & Wire website. They apply to everyone who visits the site, whether or not you go on to become a customer.

We have tried to write them in plain language. If anything is unclear, please contact us using the details in section 16 and we will explain it.

01Who we are

Earth & Wire is a division of DimSum Energy (Pty) Ltd, which operates this website.

02Accepting these terms

By using this website you agree to these terms. If you do not agree to them, please do not use the site.

These terms govern your use of the website only. They do not govern the supply of electricity, the use of our platform, or any other service we may provide to you. Those are dealt with separately in section 6.

03What this website is, and what it is not

This website describes what Earth & Wire does and allows you to make an enquiry. It is an information and enquiry site.

Nothing on this website is an offer capable of acceptance, a quotation, or a commitment to supply or purchase electricity. Making an enquiry places no obligation on you and no obligation on us, and costs you nothing.

Earth & Wire operates a platform that connects electricity generators and consumers. Energy is contracted directly between the generator and the buyer. We do not generate, buy, sell or take title to that energy. We provide matching, metering, billing, settlement and related services, and we charge fees for them.

04Information on this website

We take care to keep the information on this site accurate and current, but it is general in nature and provided for information only. It is not advice, and it is not a substitute for an appraisal of your own sites, tariffs and consumption.

Any tariff, saving, capacity or timeline figure shown on this site is indicative. Actual outcomes depend on your consumption profile, your existing tariff, the applicable municipal or Eskom charges, generation availability, network capacity and the approvals of the relevant network operator. Figures are stated on assumptions current at the date of publication and may change.

Where we refer to projects, capacity or supply that is under development, including EnergyField, that supply is a future offering. It is not available for purchase today and we do not warrant that it will become available on any particular date or on any particular terms.

You should not act on anything on this website without speaking to us first.

05Making an enquiry

When you complete the enquiry form you agree that the information you give us is accurate, and that you are authorised to give it to us on behalf of the organisation you name.

We will use it to respond to you and to prepare an appraisal, as described in our Privacy Notice. Submitting an enquiry does not create a contract between us, and we are under no obligation to respond to or accept any enquiry.

06Becoming a customer

If you decide to proceed beyond an enquiry, separate agreements will apply. Depending on what you are doing, these may include:

• a Heads of Terms, which records indicative commercial terms and is not binding as to the supply or purchase of energy;
• our Platform Terms of Service, which govern your use of the Earth & Wire platform and our services to you, and which include a fee schedule specific to you; and
• a wheeling or power purchase agreement, which governs the sale of energy and is concluded between the generator and the buyer.

Those agreements are issued to you directly and are not published on this website. They prevail over these terms and over anything on this site to the extent of any conflict.

07Using the website properly

You may read this website, and print or download pages from it, for your own business purposes. You may not:

• use it for any unlawful purpose, or in a way that infringes anyone's rights;
• submit information that is false, misleading or not yours to submit;
• attempt to gain unauthorised access to the site, its servers or any connected system;
• introduce any virus, malicious code or other harmful material;
• scrape, harvest or systematically extract content from the site, or use automated means to submit enquiries; or
• interfere with the proper working of the site or place an unreasonable load on it.

We may restrict or withdraw access to anyone who does not comply.

08Our intellectual property

The content of this website, including its text, design, layout, graphics and the Earth & Wire name and logo, belongs to us or is used by us under licence. It is protected by copyright and other laws.

You may quote short extracts with attribution. Otherwise you may not copy, reproduce, adapt, republish or distribute any part of this website without our written permission.

09Links to other websites

Where we link to another website, we do so for convenience. We do not control those sites, we are not responsible for their content, and a link is not an endorsement.

You may link to our home page provided you do so fairly and do not suggest any association or approval that does not exist. Please do not frame our pages within another site.

10Availability

We aim to keep this website available, but we do not guarantee that it will be uninterrupted or error free. We may change, suspend or withdraw all or part of it at any time without notice.

11Our liability

To the extent permitted by law, we are not liable for any loss you suffer as a result of using this website or relying on anything on it, including any indirect or consequential loss, or any loss of profit, revenue or anticipated saving.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, or for death or personal injury caused by our negligence.

Where the Consumer Protection Act, 68 of 2008 applies to you, nothing in these terms is intended to limit any right you have under that Act.

12Privacy

How we handle personal information collected through this website is set out in our Privacy Notice, issued in terms of section 18 of the Protection of Personal Information Act, 4 of 2013.

If you become a customer, further information about how we handle your site, consumption and billing data is provided to you at that point.

13Electronic communications

This site and any enquiry you submit through it are electronic communications for the purposes of the Electronic Communications and Transactions Act, 25 of 2002. You agree that we may communicate with you electronically, and that electronic communications between us satisfy any legal requirement that a communication be in writing.

Information required to be disclosed under section 43 of that Act appears in section 1 of these terms and in the footer of this page.

14Changes to these terms

We may update these terms from time to time. The version published here is the version that applies, and the effective date is shown at the top of this page. Please check it when you use the site.

15Governing law

These terms are governed by the laws of the Republic of South Africa. The courts of South Africa have jurisdiction over any dispute arising from them or from your use of this website.

16Contact us

If you have a question about these terms, or about anything on this website, please get in touch.