Terms and Conditions

Last updated: February 28, 2018

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with Mafuta mobile application (the “Service”) operated by Mafuta (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using our Mafuta mobile application (the “Service”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing downloading or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

We may change fees and charges from time to time by giving 30 days’ notice. Your continued use of the service after the 30 day notice period will be considered as your acceptance of the changes.

Transaction charges are for your account on the conclusion of each transaction.

You will then be able to transact or trade with other persons who have downloaded the app and redeem your Mafuta diesel with noted partners or via the designated financial instrument.

Mafuta diesel accounts do not earn interest

Others may not operate or transact on your account. You will be held liable if losses and expenses are incurred due to fraudulent activity, gross negligence and intentional misconduct

There is no fee for the purchase of fuel on Mafuta

There is no fee for redemption of your Mafuta fuel Litres at authorised vendors (See Mafuta.net for a full list of authorised vendors)

Transfer of fuel between Mafuta clients via the app will incur a one and a half percent (1,5%) charge to the sender.

Transfer of fuel to a party who is not a Mafuta client will incur a three percent (3%)  charge to the sender

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

In order to qualify for an account, you must be over 16 years of age and over

You may open a Mafuta account provided that you have a registered cell phone line and data connection

You may not transfer your account to any third party.

The client may be required to authenticate the identity of the mobile device on which the application is downloaded.

Accessing your account from devices other than your primary device will require additional security authentication

There will be account limitations. Each transaction, daily and monthly limits for your Mafuta account depending on your account type (also see Corporate accounts)

Storage Fees

Fuel purchased on Mafuta will be stored free of charge by Mafuta, except in the case of the conditions below

All inactive accounts will be charged a monthly storage fee of one percent (1%), calculated at the time the account becomes inactive, and every thirty (30) days till one calendar year after becoming inactive, after which the rate will be five percent (5%) every thirty (30) days.

Quantities of fuel greater than one hundred (100) litres that are stored by Mafuta on behalf of the client for more than ninety (90) consecutive days, will be subject to a storage fee of one percent and a further one per cent every thirty (30) days thereafter

Inactive Accounts

An account will be deemed inactive if ninety (90) consecutive days ensue without a transaction being made on the account

Reactivation of accounts will require re-entry of all security information

Inactive accounts will be closed after one calendar year from the date they were deemed inactive if the balance is below fifty (50) litres or when the balance drops below (50) litres thereafter, due to storage fees

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Mafuta and its licensors. The Service is protected by copyright, trademark, and other laws of both the Mauritius and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mafuta.

Security

You must inform Mafuta if your phone is stolen, lost or damaged, we shall suspend your account pending an investigation.

Any delay in notifying us will be viewed as negligence on your part and Mafuta will not be held liable for any damage or loss incurred by you.

You are the rightful owner of your account and therefore responsible for your password at all times. To ensure you alone are able to access and issue instructions on your account we insist you not to tell anyone your password. This includes Mafuta Staff and partners. We can, therefore, presume that all transactions done on your account are done by you. Mafuta is not liable for any loss incurred if your password has been accessed or used by someone else. Mafuta staff will never ask you for your password. Please inform us immediately if anyone, claiming to be from Mafuta, asks you for your password.

The client will be required to reactivate their account using new security passwords and pin

Your personal information and details will never be sold or passed on to other companies and organisations without your express permission

We do not use any information to knowingly solicit to children under the legally required age.

Mafuta will safeguard the confidentiality of your information, but will not be liable for any breach of this system.

Mafuta ensures its data security meets and, where possible, exceeds industry minimum standards

 

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Mafuta.

Mafuta has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Mafuta shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Mafuta reserves the right to deny access to the service if:

      1. We suspect criminal, money laundering, fraudulent, unlawful, or terrorist activities.
      2. We believe that you are trying to compromise the Mafuta system or interfering with the services we provide
      3. Non-compliance with security measures
      4. Your account is dormant for longer than 1 year
      5. You are declared insolvent, bankrupt of deceased
      6. We are presented with a court order to do so

We will not be responsible for any damages arising from any act or omission by Mafuta, Energy Direct or any partners if we restrict or close your account in terms of this clause.

 

Limitation Of Liability

In no event shall Mafuta, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In the event of any dispute, you, if found liable, shall be obliged to pay all legal and other related costs incidental thereto

You must take all reasonable measures to ensure that any computer or mobile device is free from malware and is adequately maintained in every way. We cannot guarantee the absence of viruses and other contaminating properties that may cause damage to your computer or mobile phone. We are not responsible for any loss you incur due to this

You may not reverse engineer, input, compile or decompile any of the software

Mafuta is not responsible for the outcome of access to your information about your account which is obtained by a third party

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Mafuta its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Mauritius, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.