POPIA Terms & Conditions
to the Website, owned and operated by Solarpop. These Terms and Conditions of
use set out the terms that regulate the use of the Website by the user.
ACCEPTANCE OF TERMS
These Terms take effect as soon as you access the Website and is a binding agreement between Solarpop and yourself. The current version of these Terms will govern both Solarpop’s and your rights and obligations each time you access this Website. If you do not agree with any provision contained in these Terms, you must immediately stop using the Website. Your failure to do so, and your continued use of the Website, will mean that you have read, understood, and agree to the provisions of these Terms.
USE OF THE WEBSITE
By accessing the Website, you warrant that your use of the Website is for lawful purposes, you are over 18 years of age, and you can legally conclude an agreement with Solarpop.
You further warrant that you will not contravene any South African or international laws by using the Website, any services offered on the Website, or any information provided to you by Solarpop through your use of the Website. Except as expressly authorised by these Terms, you may not use, alter, copy, distribute, or transmit any content contained on this Website.
USE OF INFORMATION
Solarpop conducts its business in accordance with South African legislation applicable to its business. One aspect of such legal compliance relates to data protection. Solarpop Distribution (Pty) Ltd values the privacy of your information and will protect your personal information in accordance with laws and regulations. This includes the POPIA.
By using the Website, you acknowledge, agree and consent to Solarpop and our suppliers, or any person authorised on our behalf, using your personal information, for any purpose necessary for you to use the Website, or for Solarpop to render any service to you via the Website.
AMENDMENT OF TERMS
Solarpop reserves the right to amend these Terms at any time. Whenever Solarpop concludes any amendments to these Terms, the amended Terms will be posted on this page, together with an indication at the bottom of the page as to the date upon which the Terms were last revised. You agree to review these Terms for any such amendments whenever you visit the Website. Should you not agree to any amendments to these Terms, you must immediately stop using the Website.
CONTENT OF USERS
There are certain areas on the Website that allow users of the Website to upload questions, data, and other information. As a user, you are responsible for the content that you upload, display, and add to the Website. Solarpop will not review any user content.
You agree not to add any user content that contains any information that is not legally permitted, you do not have a right to make available under any law, or under contractual relationships and you know is incorrect. You agree that any user content that you add to the Website does not violate any third-party rights.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
For purposes of these Terms, Intellectual Property Rights means all intellectual property rights including, patents, designs, copyright, trademarks, trade secrets and know-how, applications and registrations, renewals, and extensions.
Unless the contrary is specified in these Terms, all content contained on the Website, or incorporated or embedded in any service offered on the Website, including software, images, text, graphics, illustrations, logos, branding, photographs, and all Intellectual Property Rights in such content, belongs exclusively to Solarpop. You agree that you will at no time lay claim to Solarpop content, and to any Intellectual Property Rights subsisting in such content.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to any Intellectual Property Rights belonging to Solarpop, and you agree that you will not:
- Modify, port, translate, localise, or create derivative works of Solarpop content.
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques or algorithms contained or incorporated in any Company content.
- Disclose any of Solarpop content.
- Sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute Solarpop content.
- Knowingly take any action that would cause any of Solarpop content to be placed in the public domain.
You understand and acknowledge that you may be exposed to user content that is inaccurate, misleading, and offensive. You agree that Solarpop will not be liable for any damages you allege to incur because of exposure to such user content.
DISCLAIMER OF WARRANTIES AND LIABILITIES
Solarpop does not make any warranties, statements, or guarantees, regarding the Website and any services offered on the Website. These are provided on an "as is" basis. Use of the Website, any Company content and any service offered is entirely at your own risk.
Solarpop makes no warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of any of the foregoing. Solarpop does not take any responsibility for any errors, omissions or inaccuracies on the Website, the content and any service that may be offered.Neither Solarpop nor its shareholders, directors, or employees (Indemnified Parties), shall be responsible for any loss, harm, damage, and expense which may be suffered by you or any third-party, which may be attributable to your access and use of the Website, or any information contained on or received via the Website.
The Indemnified Parties shall not be liable for any loss of business, data or profits, failure, or unavailability of the Website for any reason, and failure by any third-party service provider to render any service which are necessary to ensure the availability of the Website.
You hereby indemnify the Indemnified Parties against any loss, liability, harm, damage, or expense which may be suffered by you or any third-party because of or which may be attributable to any of the above.
In addition to the warranties and indemnities set out above, you hereby agree to hold harmless the Indemnified Parties from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
Your violation of any provision of these terms.
Your violation of any third party right including any Intellectual Property Right, or other property or privacy right.
Any claim that the user content caused damage to a third-party.
External links may be provided for your convenience; however, Solarpop makes no representations whatsoever about any third-party Website or its content. Use of any external links provided is entirely at your own risk. It is your responsibility to ensure that you obtain all relevant information and that you read the privacy and security policy displayed on any third-party Website. Solarpop has no control over such third-party websites and will not be liable for any loss or damage that you may suffer, because of your use of third-party websites.
These Terms shall be governed in accordance with the laws of the Republic of South Africa, and you hereby submit to the jurisdiction of the South African courts. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a competent court in the Republic of South Africa, then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
In South Africa, consumers have a deep mistrust and lack the confidence that organisations use the information they collect lawfully and for an agreed upon purpose. The Protection of Personal Information Act of 2013 (POPIA) is South Africa’s prevailing data protection law. It joins a raft of similar laws around the world.
- Respect for consumer privacy.
- Provision of transparency on information processing.
- Provision of security as it relates to cybertheft, data loss and identity theft.
We believe that privacy should be focused on private consumer interactions, data encryption, reducing data permanence, data safety, interoperability of devices and applications, and secure data storage. We take full responsibility in terms of POPIA to take reasonable measures to ensure data security and prevent data breach or loss.
POPIA is about security, in addition to being about respecting the rights of the data subject.
Solarpop shall promote a culture of data privacy and digital transformation as a vital strategy in the complexity of our daily operations. This will deliver a competitive advantage to Solarpop. Solarpop acknowledge that there is no single tool that can accomplish end-to-end POPIA compliance, but that it is only possible through the ethical conduct of employees and managers, and the continued prioritising of the security and maintenance of our data protection systems.
CONSUMER PRIVACY NOTICE
Solarpop recognises that one of its fundamental responsibilities is to ensure that it protects Personal Information entrusted to it by its customers. This is critical for Solarpop reputation and for complying with its legal obligations.
This Notification complies with the POPIA. Applicability
Solarpop collects three types of Information:
- Personal Information.
- Sensitive Personal Information.
Personal Information means any information that relates to a person, that can identify such person, for example, telephone number, name, address, transaction history, etc.
Sensitive Personal Information of a person means such personal information which consists of information relating to passwords, financial Information such as bank account or credit card or debit card or other payment instrument details. Also, sexual orientation, physical physiological and mental health condition, medical records and history and biometric Information. It also includes national identifiers including account number, bank card details, passport number, income, etc.
Solarpop has processes in place to ensure that the Personal Information it stores is complete, accurate and current. If there is a reason to believe that Personal Information residing with Solarpop is incorrect, the customer should inform Solarpop in this regard. Solarpop shall correct the information as quickly as possible.Purpose of Collection of Personal Information
Solarpop will use the information collected to manage its business and offer an enhanced online experience on its website. It will also enable Solarpop to:
- Process applications, requests, and transactions.
- Maintain internal records.
- Provide services to customers, including responding to customer requests.
- Comply with all applicable laws and regulations.
- Recognise the customer when he or she conducts online banking or makes payments to Solarpop.
- Understand the needs of the customer, and provide relevant product and service offers.
If a customer does not wish to provide consent for usage of its Personal Information or Sensitive Personal Information or later withdraws the consent, Solarpop shall have the right not to provide products and services or to withdraw the services for which such information was sought from the customer.Sharing of Information
Solarpop shall not share the Personal Information of its customers without their prior consent. If Solarpop shares the Personal Information with third parties, these parties shall be bound contractually to ensure that they protect customer Personal Information in accordance with applicable laws.
The above obligations shall not apply to information shared with government mandated under the law. If any Personal Information is freely available or accessible in the public domain, Solarpop shall not have any obligations regarding its protection.Security Practices
The security of Personal Information is a priority and shall be ensured by maintaining physical, electronic, and procedural safeguards. These safeguards must meet applicable laws to protect customer information against loss, misuse, damage and unauthorised access, changes, or sharing.
Employees shall be trained in the proper handling of Personal Information.
When other companies are used to provide services on behalf of Solarpop, we shall ensure that such companies protect the confidentiality of Personal Information they receive in the same manner Solarpop protects it.Amendments
Solarpop reserves the right to change or update this notification, at any time with reasonable notice to customers on the Solarpop website. Customers will always be aware of the information that is collected, for what purpose Solarpop uses it, and under what circumstances, Solarpop may disclose it.Response to Enquiries and Complaints
Solarpop encourages customer enquiries, feedback and complaints which shall help it identify and improve the services provided to the customers. Should you have any enquiries, please contact the Information Officer of Solarpop.
For further information related to Solarpop's compliance with the ECT Act please follow this LINK
For further information related to Solarpop's Terms and Conditions please follow this LINK
For further information related to Solarpop's Website Privacy Statement please follow this LINK