These Terms of Use are accepted till 1 January 2026
Terms & Conditions
Being able to understand the terms and conditions of a website and then rewording them as needed is critical to being a responsible user. By accepting these terms and conditions, visitors can ensure their browsing experience is safe and secure. You must read these terms thoroughly before proceeding with the usage of this website so you can ensure that your security and privacy are protected.
Clause 1. Introduction
1.1 Proximate Solar provides service to its customers through its website, www.proximatesolar.co.za. This website is an essential resource for clients looking to take advantage of Proximate Solar’s offerings in the tech world. Operating under registration number 2017/212786/07, Proximate Solar take full responsibility for their customer’s information and security and has a vast network of employees, agents, shareholders, and affiliates – all operating with the same focus on providing an excellent customer experience. Any questions or concerns people may have relating to Proximate Solar can be directed to one of the plethoras of staff members ready to help in times of need.
1.2 The Terms apply to anyone who uses any of the services provided through the website, regardless of their purpose. This includes viewing or downloading information and material available on the website and other resources incorporated by reference into these terms. Protecting User privacy is our priority, and we recommend reading through the Privacy Policy before continuing to utilize the Services. We are committed to providing an enjoyable experience for all our users, so understanding what these Terms mean is key to better enjoying our services!
1.3 Navigating the website is a very intuitive process, but it’s also important to recognize that you agree to the Terms & Conditions of use by using it for whatever purpose. Furthermore, when using the website in one’s capacity or on behalf of any business entity for which approval has been granted, the accessor and user must be a Competent Person as defined in the Protection of Personal Information Act. So no matter your intent for using this website, always read up on all conditions before making any decisions.
1.4 To ensure that all website users remain up-to-date with the latest version of the Terms and Conditions, we may, from time to time, rewrite existing terms and conditions. These revisions will become effective upon publication on the website, and we may require you to accept them before you can continue your use. If you do not agree with these altered Terms, your only course of action is to discontinue using this site immediately.
Clause 2. Terminology
2.1 They refer to anyone who visits any website page through a hyperlink from another website or through direct access.
2.2 Business Days generally fall between Monday and Friday during regular working hours and exclude weekends and public holidays in South Africa.
2.3 Proximate Solar provides users with numerous services, one of which is the purchase of various goods from its website.
2.4 These Goods, which are products, include primarily IT equipment and electronics and are made available for users to purchase on the site. Before payment is made, users store their intended purchases in a Cart provided by Proximate Solar.
2.5 Furthermore, as part of the service, Personal information is obtained from Users, allowing them to be registered for the Services.
2.6 The “registration process” refers to a browser’s procedure to access and use the services provided. The Terms of Service, found at www.proximatesolar.co.za/privacy-policy/, combines the information established in clause four and our privacy policy. To gain full access to our services, browsers must register their account and become users through this process.
2.7 Users must complete a registration process to register on the website and take advantage of the services offered. Additionally, when reading over the terminology used in this process, it is important to note that any singular or plural use of words should be taken as interchangeable – no matter how they are capitalized or if he/she or they are used. This also applies to all other words used throughout the process.
Clause 3. Agreement
3.1 Our website users are granted limited, revocable access with specific restrictions as outlined in our Terms and Conditions. It is important to note that this license is non-transferable, and any violation of the applicable policies or agreements may result in withdrawing such privilege. We highly encourage all users to familiarize themselves with our guidelines to optimize their site experience.
Clause 4. Description of our Services
4.1 This website offers goods for purchase.
Clause 5. Registration Process
5.1 To purchase items through the website, you must register as a user. You can do this by providing login details and submitting certain personal information. This information is protected according to our Privacy Policy, accessed on the page www.proximatesolar.co.za/privacy-policy/.
If you ever feel like someone else is using your login details without your permission or knowledge, contact us at once at www.proximatesolar.co.za for help and assistance in responding to this security breach.
Clause 6. Purchase of Goods
6.1 When a user purchases goods, the items are chosen, and their prices are reflected in the virtual cart. The final amount in the cart includes all taxes, including value-added tax (VAT) and shipping costs.
Clause 7. Payment
7.1 You can use the following payment methods by making payments in South African Rands:
7.1.1 When you purchase goods on the website using your credit or debit card, we may occasionally require additional information to verify and authorize the payment. Until that information is provided, delivery of goods may be withheld until authorization is obtained for the full amount. You assure us that you are authorized to use the card supplied to pay for goods and have sufficient funds available in your card’s account to cover all costs associated with services found on this website.
● 7.1.2 Electronic Funds Transfer (“EFT”) or Bank Transfer.
● 7.1.3 PayFast, a secure and easy-to-use payment system run by DPO SA, offers
quick and convenient facilitated transactions. Before utilizing the service, please take the time to familiarize yourself with the security protocols and applicable policies by visiting their website. For your peace of mind and added safety, goods will only be released after payment has been received in our banking account.
Clause 8. Delivery of Goods
8.1 For physical goods, we will use a courier service of our selection to deliver them directly to the user’s address safely. Since we strive for convenience, delivery will be attempted on a business day, wherever possible. Meantime, any additional charges for either delivery or return of physical goods are the user’s responsibility.
8.2 In addition to physical products that can be mailed straight to the customer, digital goods are another option. We offer customers both of these options with their new order policy. Physical goods can be picked up at Unit 75-Ground Floor, Block 7A Northgate Office Park, and customers will have seven days after they place the order on the website to collect it.
8.3 Digital goods are quickly delivered by email as soon as the order is placed through the website. This allows customers to get what they want without hassle or extended waiting times.
8.4 Being aware of your needs, we deliver the physical goods to you in the timeliest manner possible. The delivery times and schedules are subject to the requirements of the courier companies, so any late deliveries will not be attributed to us.
8.5 Moreover, our commitment is fulfilled once we have delivered/collected everything, after which all risks associated with any loss or unauthorized use shall no longer be our responsibility.
Clause 9. Warranties by the User
9.1 Ensuring that the Personal Information provided is accurate and up-to-date is critical for our benefit and the user. When registering on the website, we expect that the user is not impersonating anyone else nor breaching any laws regarding using personal and identification information. This helps us provide a more secure experience for all involved and facilitate effective communication between the user and us.
9.2 When using goods or services, it is the responsibility of the user to comply with company policy. In particular, when it comes to login details, these are to be used for personal use only and not disclosed to third parties.
9.3 If the correct login details have been entered, even if unauthorized or fraudulent, the user will be liable to pay for any purchased goods. Therefore, every user must abide by all requirements to avoid any subsequent issues regarding payments or agreement breaches.
Clause 10. Warranties by Proximate Solar
10.1 We do not guarantee that our website or services will always meet a user’s needs, be accessible at all times, or contain current and accurate information. In addition, we also cannot guarantee that no viruses or other potentially malicious files will be present on the site.
10.2 When accessing Proximate Solar’s website, users should remember that they may have partial access to every type or quantity of services available. Although the company takes no responsibility for this lack of availability, customers can always contact customer service to ensure the required service is provided.
10.3 Proximate Solar provides services “as is” and makes no other warranties, express or implied. We do not protect your computer from viruses, spyware, or malware if you access or use our website. Furthermore, we cannot guarantee uninterrupted use of the website or the accuracy of any information we review.
10.4 Proximate Solar will not be responsible for circumstances beyond its control; delays, interruptions, or service failure are possible. Though customers may have specific statutory rights for warranties, these are often limited in duration depending on any applicable law governing such matters.
Clause 11. Unauthorized use of the Website
11.1 When using the website, it is important to remember that it should not be used for any purpose that would be considered objectionable or unlawful. Additionally, once a purchase of Goods has been made, a User may add a review or comment concerning said Goods. However, these reviews will be moderated and evaluated for truthfulness and appropriateness; if either of those criteria is not met, the review may be removed by us.
11.2 It is paramount for users to ensure that spam emails are not sent and that no malicious programs are introduced when emailing us. Refraining from using results-focused unsolicited mass emailing and avoiding any virus or software capable of damaging computers can prevent damage to our customers. We take proactive measures to stop introducing unscrupulous emails and malicious codes and strive to continue having a worry-free email experience with all our Users.
11.3 It is forbidden to use any information on the website for commercial purposes without our explicit consent. Furthermore, interfering with any of our copyright notices or other forms of identification, such as watermarks present on the website or emails, must also be avoided.
11.4 Users must also ensure they always comply with all applicable laws, rules, and regulations when using the website or accessing any of our Services. This guarantees smooth access to our digital goods and services while protecting both parties against potential legal issues.
Clause 12. Links to other Websites
12.1 When using our website, it is essential to remember that it may contain links or portals to other websites run by third parties. We do not have any control over these external websites. Therefore, we are not responsible for and will not be held liable for any issues users encounter when accessing or using these third-party sites. It is always advisable for users to review any terms and conditions or privacy policies on such sites before visiting them.
Clause 13. Errors in Pricing & Goods
13.1 While it is unfortunate, occasionally, the goods displayed on our website may not be in stock, or their prices may need to be more accurate. In such a case, the user will be notified upon purchasing and receive a full refund to their nominated bank account or card. This is the only way available, and users are unable to request a replacement for the purchased product with one of a similar nature.
13.2 If a purchase is made per clause 13.1, the user agrees to assume responsibility for any associated costs or losses and indemnify us from any claims. This protects us from any claims, losses, damages, costs, or expenses that the user may experience due to their purchase which was explicitly stated in the agreement. The provisions of Clause 15 will have no bearing on this agreement; it remains valid and bindings.
Clause 14. Errors in Features of Goods
14.1 At times, there can be differences between the Goods displayed on the website and the actual Goods purchased by a User. In case such an incident arises, we promise to notify the user promptly and offer a solution of either providing them with a refund or a discounted price. This is our only solution to this issue, as we do not accept requests for similar products in returned items. Even though such instances are uncommon, we guarantee top-notch Customer service at all times.
14.2 When purchasing any product, a user must agree to indemnify and hold the seller harmless from any claim or loss resulting from their purchase. This clause ensures that if something goes wrong and there are consequences, the user will take responsibility for them and not hold the seller liable. This clause also lets both parties be satisfied that they are protected from potential risks in future purchases, creating an environment of trust between buyer and seller.
Clause 15. Limitation of Indemnity
15.1 By using this website, Users fully agree with all risks associated with the activity. This includes any liability arising from the website’s or any other person’s use. Therefore, we are not responsible and take no legal responsibility for any actions or activities undertaken through the website. As such, users must be aware of this risk and use it at their discretion and with a complete understanding of these conditions.
15.2 It is essential that users take steps to protect themselves from viruses, worms, trojan horses, and other potentially damaging code. Every file downloaded from the website or received by email cannot be guaranteed free from these malicious components, so users need to adopt appropriate systems and processes to safeguard against them. With suitable caution, users can avoid their data being corrupted or stolen.
15.3 We strongly encourage everyone to abide by the terms and licensing requirements here. Not complying with these guidelines can cause serious repercussions, including a potentially costly claim or expense. We want users to enjoy the website safely and responsibly to avoid potential losses or damages. In writing this sentence, we take the utmost responsibility in indemnifying us from misuse on behalf of our patrons.
15.4 It is also important to remember that our maximum liability when using the website is limited by law. Any implied representations or warranties a user might expect to apply will not be allowed under these terms. It is essential to look at these regulations before continuing with your work on the website to ensure you know how much you can rely on the services provided.
15.5 When it comes to any potential loss or damages that may arise in connection to the interruption of our services, it is essential to note that we are not responsible for anything indirect, punitive, or consequential. This includes any loss such as income, profits, goodwill data, contracts, or use of money.
Clause 16. Copyright
16.1 Proximate Solar is fully invested in protecting its property and original content on its website and services. With South African and international copyright laws enforcing this agenda, any original work submitted to their platform will be credited to its author. This allows for the compilation of all content offered by Proximate Solar to remain protected from piracy or misuse. Consumers can feel confident that what they consume is a source created or approved by Proximate Solar, allowing for quality assurance.
16.2 It is important to remember that, regardless of allowable exceptions such as “fair use,” most content should not be replicated without explicit consent from the copyright holder. This applies to almost all handling or employing of the material, from photocopying to displaying it electronically. Any authorization granted may be withdrawn at any time; therefore, it is best to avoid unauthorized reuse altogether.
16.3 We own our work entirely. If someone has asked us in advance and we have accepted, they may use our work elsewhere– but only with our prior written permission. This right to accept or deny such requests is at our sole discretion.
16.4. We grant users the right to create a hyperlink to our website if the link isn’t presented falsely or offensively. Additionally, our logo and trademarks cannot be used without permission from us or our affiliates and content suppliers.
16.5 We are committed to ensuring that all aspects of our website, from written content to content logos, adhere to copyright standards. We want our users to feel confident in their use of any intellectual property featured on our site, knowing that it has been placed there legitimately with full respect for the property rights of its creators.
Clause 17. Intellectual Property
17.1 Users must refrain from attempting to decipher, decompile, disassemble, or reverse engineer any of the software employed. This includes any algorithm used for the website; its original authors should be respected. Doing this would be punishable by law and goes against our terms. Ensure you know and abide by these rules when engaging with our website.
17.2 We own or have the right to use all intellectual property on the site. It’s similarly crucial to remember that any user who browses the website should only use the intellectual property required to harness its intended purpose effectively. Doing so could lead to legal issues and thus should be avoided at all costs.
Clause 18. Breach
18.1 When it comes to the Terms, not adhering to them can be a costly mistake. If either party fails to meet their obligation, they have seven days after receiving written notice to remedy the breach or face serious consequences.
The non-breaching party has the right to either cancel the Terms and seek out damages or demand specific performance from the defaulting party in exchange for any damages that result from this action. Taking these terms is key to avoiding penalties.
Clause 19. In case of a Dispute
19.1 The Terms set out by the Parties should be adhered to with mutual respect. If a disagreement is raised, all parties agree to use their best efforts to settle the dispute amicably within 7 (seven) days of notification. All stakeholders involved are committed to working together for an equitable solution that works for all. If no resolution can be reached, alternative options or courses of action might need to be considered.
19.2 If an initial attempt to agree on a mediator fails, written notification must be sent by either or both parties to make another attempt. Each party has ten days from when the dispute was referred to appoint a mutually acceptable mediator. This is for the surety that both sides are fairly represented and have had an equal chance for input into finding the right mediator for the dispute.
19.3 If parties fail to agree, then appoint a mediator who can help facilitate the process of finding an agreement. If a mediator has not been appointed within ten days after submitting a request in writing or if the dispute cannot be settled within 30 days of the appointment, then either party can give written notice and refer the dispute to arbitration handled by AFSA with arbitrators selected from their organization.
19.4 Both parties must adhere to the arbitration process to ensure an end to the dispute and a fair outcome. By giving each other written notice, they can arrange the details, such as venue, dates, cost, and arbitrator selection. As is often the case with disputes, it’s essential to act quickly, allowing either party to apply for urgent relief from a court of law in case it’s needed while waiting for the arbitrator’s decision.
19.5.1 The arbitration process must be done in Gauteng or any other place both parties agree to in writing.
19.5.2 It is also mandated that the conduct and proceedings of the arbitration are to be done entirely in English by both parties.
19.5.3 To ensure a streamlined and efficient process, there will be an imposed time limit of 21 days after the demand for arbitration is made for the proceedings to conclude. Thus, the writers have set the rules for a swift and fair arbitration, ensuring all parties involved are cared for.
19.5.4 The Parties have solemnly committed to one another – that the decision of the arbitration proceedings they mutually agree to take part in shall be final and binding.
19.5.5 This agreement will bind both sides, one in which each holds themselves responsible for carrying out any necessary changes, regardless of what verdict is reached.
19.5.6 Furthermore, this commitment is legally binding: if necessary, either party can seek a court order to enforce the ruling. All in all, the Parties irrevocably agree that the arbitration proceedings’ outcome shall not go unchallenged.
Clause 20. Assignment and Novation
20.1 We can transfer rights to other parties without consulting or informing the user. In contrast, Users are not allowed to make revisions at their own will – if they wish to assign or novate any of their rights or obligations, it has to be done following the provisions of these Terms.
Clause 21. Force Majeure
21.1 A Force Majeure event is a situation that is beyond the control of either party, so the failure to fulfill any obligations associated with these Terms should not be viewed as a breach of agreement or default. To give each party the best chance at meeting their obligations, both parties should take precautions, use due care and devise alternative measures as necessary. Any Force Majeure events should also be communicated as soon as possible to keep all parties informed.
21.2 If the event goes on for more than fourteen days, either party may cancel the services provided by giving written notice to the other party. This is an important measure that ensures that unavoidable circumstances beyond their control adversely impact neither of them. It allows them to reapproach their relationship in the future when conditions have normalized and rewrite the contract as deemed appropriate.
Clause 22. General
22.1. All disputes concerning this website will be handled according to South African law. This ensures equal justice and fairness for everyone involved, as the conflict is taken out of the parties’ hands and into the competent jurisdiction of South African courts, which possess the required authority in such matters.
22.2 In particular, when disputes arise from the terms listed here and related agreements, it is necessary to consider the jurisdiction of the High Court in Gauteng or any other suitable South African court. This approach will allow for a just outcome for all parties involved.
Clause 23. Severance
23.1 We are to consider all potential invalid or unenforceable provisions that may arise for any reason. Those provisions will be severed from the rest of the agreement or contract in such cases. We always see every other option before severing terms from contracts, as it might affect the parties involved. Our failure to enforce any part of a contract does not indicate waiving any rights from its original content. It still allows us to implement all provisions stated in the document.
Clause 24. Domicilium Citandi Et Executandi and Contact Information
24.1.1 The User and Proximate Solar will choose domicilium citandi et executandi for legal proceedings and notices associated with this Terms agreement.
24.1.2. Proximate Solar’s address is Unit 75-Ground Floor, Block 7A Northgate Office Park, with an email of info@proximatesolar.co.za for communicating such information.
24.1.3 The User’s registered address, as provided upon registering on the website and/or App, is their domicilium. Should either party wish to change their domicilium, a written notice must be given to the other, which will become active 7 (Seven) days after receipt of the notice.
24.2.1 Notices between parties tied to these Terms must be communicated in writing. For a notice to be valid, it must be delivered or sent via email.
24.2.2 For this agreement, the delivery date is presumed to be the date the notice is received. All notices should include the necessary information and follow official protocol once sent to ensure that all parties are up-to-date with changes and updates regarding the agreement.