Terms of use

1. What these terms cover

These Terms of Use ("Terms") govern your access to and use of the website at synergyenergy.co.za and any sub-domain or successor site (the "Site").

These Terms do not apply to:

• the supply, installation, commissioning, servicing or warranty of any product or system, which are governed instead by the separate written quote, sales agreement, installation contract and product warranty that applies to your project;
• finance arrangements with third-party finance partners, which are governed instead by your agreement directly with the finance provider; or
• any pre-existing written agreement between you and Synergy that expressly overrides these Terms.

Where the website Terms and a signed customer contract conflict, the signed contract takes precedence.

2. Who we are

The Site is operated by Synergy Energy Solutions (Pty) Ltd ("Synergy", "we", "us", "our"), a private company registered in South Africa, with its registered office at 30 Pretorius Avenue, Lyttelton Manor, Centurion, Gauteng, 0157.

You can reach us using the details in section 24. We're happy to confirm our company details on request.

3. Acceptance and changes

By accessing or using the Site you agree to be bound by these Terms and our Privacy Policy. If you don't agree, please stop using the Site.

We may change these Terms from time to time. The "Last updated" date at the top of this page shows when the most recent change was made. Continuing to use the Site after changes are published means you accept the updated Terms. We recommend you review this page periodically.

4. Who may use the Site

The Site is intended for adults. By using it you confirm that you're at least 18 years old, or that you're using it under the supervision of a parent or guardian who agrees to these Terms on your behalf.

We don't knowingly collect personal information from children without the consent of a parent or guardian. South African law gives the personal information of children special protection, and our handling of it is set out in our Privacy Policy. If you believe a child has given us personal information without that consent, contact us using the details in section 24 and we'll remove it.

5. Permitted use of the site

You may:

• browse the Site for personal, non-commercial purposes;
• request a quote, ask a question, or contact us through the forms or details provided;
• print or download a single copy of any page for your own reference, provided you keep all copyright, trade-mark and other proprietary notices intact;
• link to the Site, provided you don't suggest any false endorsement or association with us, and provided your site doesn't contain content that is illegal, defamatory or otherwise contrary to these Terms.

6. Prohibited use

You may not:

• copy, reproduce, republish, distribute, sell, rent, sub-license or otherwise commercially exploit any content from the Site without our prior written consent;
• use the Site in a way that breaches any applicable South African or international law, including the Electronic Communications and Transactions Act, the Cybercrimes Act, and POPIA;
• attempt to gain unauthorised access to the Site, its server or any connected database, or interfere with its operation by introducing viruses, malware, trojans, worms, denial-of-service attacks or similar;
• scrape, harvest or systematically extract data from the Site (including using automated tools) without our prior written consent. This includes the large-scale extraction of contact details, product information or pricing;
• use the Site to send unsolicited commercial communications (spam) to anyone;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity, when contacting us through the Site.

7. Intellectual property

All content on the Site, including text, graphics, logos, photographs, images, videos, illustrations, infographics, layout, source code, structure and all derivative works, is owned by Synergy or its licensors and is protected by South African and international copyright, trade-mark and other intellectual property laws.

"Synergy Energy Solutions" and the Synergy logo are trade-marks of Synergy Energy Solutions (Pty) Ltd. Tesla, Powerwall, Sigenergy, SigenStor, Sunsynk, Deye, Victron, Fronius, BYD and similar names referenced on the Site are trade-marks of their respective owners and are used for identification purposes only.

Except as expressly permitted in section 5, you must not use any of our intellectual property without our prior written consent.

8. Accuracy of information

We try to keep the information on the Site accurate and up to date. However:

• specifications, pricing, product availability, finance terms, regulatory requirements (including SSEG processes) and tariffs change frequently and may differ from what is shown on the Site at any given time;
• any indicative prices, savings figures, payback periods, performance estimates or system sizes shown on the Site are illustrative only and are not a binding quote. Binding pricing and specifications are only given in a written quote signed off after a site assessment;
• articles, blog posts, FAQs and case studies represent our understanding at the time of publication and may not reflect later changes in products, regulations or industry practice.

Always confirm important information with us in writing before relying on it.

9. Testimonials and reviews

The Site may display customer reviews, ratings, testimonials and case studies. These reflect the individual experience and opinion of specific customers at a specific time. They aren't a promise, guarantee or warranty that you'll get the same outcome.

Results such as energy savings, payback periods, system performance and backup times depend on factors unique to each property, including site conditions, system design, the equipment chosen, usage patterns, tariffs and weather. Any figures mentioned in a review are illustrative and not a binding representation about your project. Any aggregate rating shown on the Site is based on the reviews we've received at the time of display and may change.

10. AI assistant and automated chat

The Site may offer an automated chat assistant or similar AI-powered tools to help answer common questions and point you to the right information. If we offer one, you agree that:

• its responses are generated automatically and are provided for general information and convenience only;
• it can be incomplete, out of date or wrong, and may not account for your specific circumstances;
• nothing it says is professional engineering, electrical, financial, tax or legal advice, and it doesn't constitute a quote or an offer;
• no contract comes into being through the assistant. Binding pricing, specifications and commitments are only given in a written quote signed off after a site assessment, as set out in section 8;
• conversations may be recorded, stored and processed to operate and improve the service, as described in our Privacy Policy.

Always confirm anything important with a member of our team in writing before relying on it.

11. Third-party links and content

The Site contains links to third-party websites, including manufacturer pages, regulator pages, finance partners and social media. We are not responsible for the content, accuracy, security or privacy practices of any third-party site, and a link from our Site doesn't mean we endorse the third party. You access third-party sites at your own risk.

12. Availability of the site

We aim to keep the Site available 24/7 but we don't guarantee uninterrupted access. We may suspend, withdraw or restrict the Site (or any part of it) without notice for maintenance, upgrades, security or other operational reasons.

13. Disclaimer of warranties

To the fullest extent permitted by law, the Site and its content are provided "as is" and "as available", without any warranty of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy or freedom from viruses or errors.

Nothing on the Site constitutes professional engineering, electrical, financial, tax or legal advice. Any decision to purchase, install or finance solar, battery, EV-charging, heating or related equipment should be made only after consultation with appropriately qualified professionals and on the basis of a written quote and signed contract from us.

Note: Nothing in this section limits any rights you have under the South African Consumer Protection Act, 2008 (see section 17).

14. Limitation of liability

To the fullest extent permitted by law, Synergy, its directors, employees, agents and affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or in connection with your use of, or inability to use, the Site, including loss of profits, loss of business, loss of data, or loss of goodwill, whether based in contract, delict (tort), statute or otherwise, even if we have been advised of the possibility of such damages.

Where liability cannot lawfully be excluded, our total aggregate liability arising out of your use of the Site is limited to R 100 (one hundred rand).

Note: Nothing in this section limits liability for death or personal injury caused by negligence, for fraud, for fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under South African law (including under the Consumer Protection Act).

15. Indemnity

You agree to indemnify and hold harmless Synergy, its directors, employees and agents from and against any claim, loss, liability, cost or expense (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Site, or your violation of any law or third-party right.

16. Privacy

Your privacy matters. Our handling of personal information collected through the Site is governed by our Privacy Policy, which forms part of these Terms.

17. Consumer Protection Act

Where the South African Consumer Protection Act, 2008 ("CPA") applies to your use of the Site or to any goods or services we supply, nothing in these Terms limits, excludes or modifies any right you have under the CPA. To the extent of any conflict between these Terms and the CPA, the CPA prevails.

18. Electronic communications

When you contact us through the Site, by email or by SMS / WhatsApp, you consent to receiving electronic communications from us. We will respect your right under POPIA and the Electronic Communications and Transactions Act to opt out of any direct marketing communications at any time.

Communications sent through the Site or by email between us are not signed in the formal sense unless we both intend them to be. A binding contract for the supply of goods or services only comes into being once a written quote, purchase order or installation agreement has been signed by an authorised representative of Synergy.

19. Security and fraud awareness

We take the security of our communications seriously, and we ask you to do the same. To protect yourself against fraud and impersonation:

• our banking details don't change without notice. If you receive an email, message or call asking you to pay into a different or new bank account, treat it as suspicious and verify it by phoning us on a number you already trust before paying anything;
• we'll never ask you for your online banking password, one-time PINs or full card details by email or chat;
• check that emails come from an @synergyenergy.co.za address, and remember that display names can be faked;
• if anything about a message claiming to be from Synergy looks off, contact us directly using the details in section 24 before acting on it.

We're not liable for losses you suffer as a result of acting on fraudulent communications that didn't genuinely come from us, but we'll always help you investigate if something seems wrong.

20. Complaints and dispute resolution

If you have a complaint or a dispute, we'd like the chance to put it right. Please contact us first using the details in section 24, with enough information for us to look into it, and we'll work with you in good faith to resolve it.

Where the Consumer Protection Act applies, contacting us first doesn't take away your right to refer the matter to the National Consumer Commission, the relevant industry ombud, or a court. Nothing in this section limits your rights under the CPA or any other law.

21. Governing law and jurisdiction

These Terms and any dispute arising out of or in connection with them are governed by the laws of the Republic of South Africa. You agree to submit to the non-exclusive jurisdiction of the South African courts, and you specifically consent to the jurisdiction of the Magistrate's Court having territorial jurisdiction over our registered office, even if the value of the claim would otherwise exceed the Magistrate's Court limit.

22. Assignment

We may cede, assign, transfer or delegate any of our rights and obligations under these Terms to a successor, affiliate or purchaser of our business, without needing your consent, provided your rights under these Terms aren't materially reduced. You may not cede or assign your rights or obligations under these Terms without our prior written consent.

23. Severability and entire agreement

If any provision of these Terms is found to be unenforceable, the rest of the Terms remain in full force. Our failure to enforce any provision is not a waiver of that provision or our right to enforce it later. These Terms, together with our Privacy Policy and any signed customer contract, are the entire agreement between you and Synergy in relation to the Site.

24. Contact us