Terms and ConditionsDetailed description of goods and/or servicesObject Map cc is a business in the Information and Communication Technology industry that markets specialized internet and cell phone services, including but not limited to Bulk SMS. Object Map cc is also hosting AUS Gateway on behalf of AUS Software Solutions cc and PLUG AND PLAY SCADA Ltd For the rest of this document, AUS Gateway referred to as a person, will be equivalent to AUS Software Solutions for South African customers, or PLUG AND PLAY SCADA Ltd for customers not in South Africa. Delivery policy Subject to availability and receipt of payment, requests will be processed within 5 days and delivery confirmed by way of an Invoice number. Return and Refunds policy The provision of goods and services by Object Map cc is subject to availability. In cases of unavailability, Object Map cc will refund the client in full within 30 days. Cancellation of orders by the client will attract a 20% administration fee. Customer privacy policy Object Map cc shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 The User shall keep his/her login name and password confidential and shall not allow others access thereto or the use thereof. The User accepts that he/she shall be responsible for all account activity conducted as a result of any access obtained through the use of his/her login name and password, should he/she: Data Integrity and Security The User guarantees that the information provided in his/her registration is correct. Should the User become aware of any breach or attempted breach of AUS Gateway's data integrity or security, he/she shall inform AUS Gateway's management without delay and in writing; The User acknowledges that his/her login name is AUS Gateway's property and may be revoked or suspended at AUS Gateway's discretion; Liability The User acknowledges and accepts that any use of his/her AUS Gateway Online Account is at his/her own risk. Without limiting the generality of the aforesaid, the user acknowledges that AUS Gateway will not, under any circumstances, be liable to him/her for any loss or damages (including consequential, direct, indirect, special, punitive or incidental damages) arising from: Any transaction concluded via AUS Gateway's internet services or any claim that may arise in consequence of the use of AUS Gateway's internet services shall be subject to the jurisdiction of the Pretoria Provincial Division of the High Court of South Africa. Payment options accepted Payment may be made via direct payment into the relevant Bank Account, with the appropriate beneficiary reference. Merchant Outlet country and transaction currency The merchant outlet country at the time of presenting payment options to the cardholder for customers in South Africa is South Africa, and the corresponding Transaction Currency is South African Rand (ZAR). The merchant outlet country at the time of presenting payment options to the cardholder for customers outside South Africa is New Zealand, and the corresponding Transaction Currency is New Zealand Dollar (NZD). Responsibility Object Map cc takes responsibility for the service elements under its control, which includes the functioning of this web server software, but excludes elements NOT under its control, for example the internet, a customer's own computer, an agent's own server, any physical meter, breaker, modems, cell phone networks and various payment facilities including but not restricted to banks. The responsibility for the correct functioning of those elements or services must be borne by the owners of those elements, not by Object Map cc, and Object Map cc is not liable if any such a service which is not under its control should fail for any reason whatsoever. It is the responsibility of the User to troubleshoot connections to meters and ensure that they are read successfully. Object Map cc reserves the right to disable any meters that has not called in for 6 months or more, for performance reasons. The User has the right to enable such disabled meters again. Full edit logs of the disabled flag is available for auditing purposes. Country of domicile This website is governed by the laws of South Africa and Object Map cc chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 14 Patridge Laan, Kempton Park ext. 2, 1619, Gauteng, South Africa. Variation Object Map cc may, in its sole discretion, change this agreement or any part thereof at any time without notice. Company information This website is run by Object Map cc based in South Africa and with registration number (2001/028621/23). Members: Marinus E. van Zyl. Availability Plug and Play SCADA is currently available to the public at large. Rights to Data In Principle - and in line with South African Law - AUS Gateway recognizes the property/ownership rights of devices (a.o. meters), hereafter reffered to as Ownership Rights, and defined hereunder as follows: That the Person has lawful possession of the device; or that the device is the Person's property; or that the device is installed at premises under the Person's lawful control and that he has lawful access to connect to and read the meter electronically; or that the Person has business or residential rights at the property where the service metered by the meter is consumed and that he has lawful access to connect to and read the meter electronically; or that the Person has been appointed the lawful agent of such a Person for the purposes of accessing the device. The DATA on (or read from) any specific meter belongs to the Person/-s with Ownership Rights to the device. Specifically for the time span in which he has/had such Property Rights to the device. This time span of Ownership also defines the time span of the logs recorded on the device that may be lawfully accessed by such a Person. AUS Gateway is a Public service, available on the public internet, with no restrictions as to who can register for and make use of our online service. IT IS THE RESPONSIBILITY OF THE USER TO ENSURE THAT HE/SHE HAS THE OWNERSHIP RIGHTS NECESSARY TO ACCESS THE DATA HE READS FROM THE METERS/DEVICES THAT HE/SHE CONFIGURES ON THE PLUG AND PLAY SCADA SERVICE/SYSTEM/WEB-SITE. THIS IS WHOLLY THE RESPONSIBILITY OF THE USER TO ENSURE, AND PLUG AND PLAY SCADA TAKES NO LIABILITY AND MAKE NO GUARANTEES THAT THIS IS ACTUALLY THE CASE. AUS Gateway will enforce the unique serial numbers of meters on any specific AUS Gateway server, and restricts different users from adding meters with the same serial number. By configuring a device on AUS Gateway, a user declares that he has the rights to access that device in the way that he is configuring, and he appoints AUS Gateway as his Agent to read or interact with that device on his behalf. Disputes In the case where one user of AUS Gateway disputes the Ownership Rights of another user to a device, he can request the device to be transferred from the other user's AUS Gateway account to his AUS Gateway account. Each such a request carries a once off Transferral Request fee payable by the disputing party. If a user requests a device/meter to be transferred from another user's account to his/her account, and he has paid the Transferral Request fee, both users will be notified via email and requested to produce legal documentation to prove Ownership Rights of the device/meter. If it can be conclusively shown via legal documentation that the user requesting the transfer has more current Ownership Rights to the meter or device than the second user, the device will be transferred to the proper Owner's account, otherwise the device will not be transferred. Transferral Request fees are not refundable, and the decision of Plug and Play Scada is final. If the disputing party wants to appeal the case, he/she must initiate the process again from scratch,and pay another Transferral Request fee. The Transferral Request fee will increase with between 20% and 100% each time a dispute is lodged for the same meter by the same user. Users should take care to produce Legal documentation proving current Ownership Rights, as well as disproving Ownership rights by the opposing party. If a decision cannot be reached, because of seemingly equal Property Rights, the device/meter will NOT be transferred to the disputing party, and the Transferral Request fee will NOT be refunded. After notification of an Ownership dispute, both users will be given a 1 Business Day grace period to produce the Legal Documentation proof. AUS Gateway reserves the right to make a decision after 1 South African Business Day from when the notification email has been sent to both users. However the process may take longer depending on resource availability at the AUS Gateway back office/legal department. AUS Gateway only supports one Agent per device/meter at a time. If multiple users want access to the data of the same device/meter, it has to be shared with the additional user by the first Agent or one of his already configured user logins with the necessary rights. If an Owner of a device/meter wants to give another user access to his device/meter, he must give access to that user himself, or if he has employed an Agent already, and that Agent has not given the owner access to his own device/meter, he must either commission the Agent to give the other user access, or dispute the Ownership rights of the first Agent according to the above procedure. AUS Gateway contact details Support: support@pnpscada.com Support: +27100031015 (during office hours) |
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