Terms and conditions

1.1 This Agreement, which may be referred to as the Conditions of Use or Terms and Conditions, is a comprehensive document provided by POA GAS Limited. In this document, "we", "us", "ourselves", and "PoaGas" refer to POA GAS Limited, while "you", "your", "user", and "yourself" refer to the PoaGas Customer. These Terms and Conditions apply when using the PoaGas app, USSD or PoaGas mini app through M-Pesa super app.

1.2 By using PoaGas, you agree to be bound by these Terms and Conditions. It is your responsibility to read, comprehend and accept these Terms & Conditions. Any revisions or variations made to these Terms and Conditions will be effective on their date of publication or as otherwise specifi ed in such amendment or variation, and will be posted on the Website. You explicitly waive the right to receive specifi c notifi cation of these revisions, amendments or updates via email or any other form of communication. Your continued access and use of the app and website, as well as the Services, confirms your agreement to follow any further revisions, amendments or updates applicable to the Services and these revisions.



2. DEFINITIONS

2.1 “App” or “mini app” Means a software program that's designed to perform a specific function.

2.2 “USSD” or “USSD app” in long Unstructured Supplementary Service Data means a software program that's designed to perform a specific function over USSD.

2.3 “Agent” Means a company we partner with to fulfilment customer orders.

2.4 “Intellectual Property” Means the copy-right, know-how, the trade names and any marks, trade device, service mark, symbol, code or specification, patents, designs and other individual or intellectual property rights used in or associated with a person.

2.5 “Working Days” means Monday to Friday except Saturdays and Sundays and days, which are gazetteed as public Holidays within the United Republic of Tanzania; “Working hours”, means 0900- 1600hrs.

2.6 “PoaGas” means POA GAS Limited incorporated in Tanzania as a limited liability company under the Companies Act (Cap 486 of the Laws of Tanzania);

2.7 “Third Party” or “Third Parties” means all other company who associate or linked to action on customer request of which is not directly managed by us.

2.8 “We,” “our,” and “us,” means POA GAS Limited, where the contents so permits, includes the successors and assigns of the POA GAS Limited;

2.9 “You” or “your” means the Customer and includes the personal representatives of the Customer;

2.10 The word “Customer” shall include both the masculine and the feminine gender as well as juristic persons;

2.11 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

2.12 Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of this Agreement.



3. THE PoaGas SERVICE AND AVAILABILITY

3.1 PoaGas is a service that enables customers to order and buy LPG gas cylinders, pay as you go LPG gas services through smart meters. Also providing financial services like saving for energy and loans.

3.2 The service is available to all Tanzanians 18 years and above.



4. HOW TO ACCESS THE PoaGas SERVICE.

4.1 Open the PoaGas app or mini app within M-Pesa super app.

4.2 Select the service that best suits your needs, whether it be on-demand delivery for refi ll or new cylinders, or opt for pay-as-you-go services.

4.3 Effortless on-demand delivery, select the brand that best suits your needs for on-demand delivery. Fill in the delivery details, make the payment, and sit back and relax as we deliver the cylinder right to your preferred location.

4.4 Paying for Pay-As-You-Go Services, to pay for Pay-As-You-Go services, follow these steps: Select whether it is for home or POA Attach the meter or make a direct payment against it.

4.5 To view your order history, navigate to the "History" section.



5.SAVING AND LOANS FUNCTIONALITY

5.1 Customer can save towards cylinder ordering, can withdraw anytime they need the funds.

5.2 Eligible customers will be able to get cylinder loans based on their usage.



6. GENERAL RULES RELATING TO CONDUCT

6.1 PoaGas service is made available for your own, personal use. The service must not be used for any illegal or unauthorized purpose. When you use the service you must comply with all applicable Tanzanian laws (together referred to as “Applicable Laws”).


6.2 In particular, but without limitation, you agree not to:


  • 6.2.1 Use the service in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
  • 6.2.2 Attempt to defraud another customer; or
  • 6.2.3 Modify, adapt, translate or reverse engineer any part of the application or re-format or frame any portion of the pages comprising the platform, save to the extent expressly permitted by these Terms or by law.

6.3 You agree to indemnify us and our group companies or partners in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of our services otherwise than in accordance with these Terms and Conditions or Applicable Law.



7. INTELLECTUAL PROPERTY

7.1 The copyright in all material contained on, in, or available through USSD, portal, or app including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material is owned by or licensed to us or our group companies. All rights are reserved. You cannot copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without our express permission.

7.2 The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by us or our group companies. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of POA GAS Limited.



8. LINK TO THIRD PARTIES:

8.1 The App may contain links to websites or Google Play Store or app store operated by third parties (“Third Party Websites“). We may monetize some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, we do not have any influence or control over any such Third Party Websites, charges and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents or charges when operating such website.



9. DISCLAIMER / LIABILITY

9.1 Use of our services through USSD, portal or mini app is at your own responsibility and you are responsible for all the consequences, damage or any loss during use. The service is provided on an “as is” basis to the maximum extent permitted by Applicable Laws. Notwithstanding the foregoing, we shall strive to offer you a fault-free service except in circumstances of scheduled maintenances or abrupt unforeseen downtimes:

9.2 We disclaim all liability whatsoever, whether arising in contract, tort or otherwise in relation to the use of our services; and

9.3 all implied warranties, terms and conditions relating to the using of our services including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between us and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the app/and/or portal and/or USSD; or any damage or injury to users or their equipment as a result of or relating to their use of our service. Any statutory rights are not herewith affected.

9.4 We will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App or , for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

9.5 Nothing in these Terms and Conditions shall be construed as excluding or limiting our liability or that of our group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by Applicable law.

9.6 We will not be liable if any LPG gas cylinder not in the correct weight or brand delivered to the customer, nor the content of their in.



10. SERVICE SUSPENSION:

We reserve the right to suspend or cease providing any services relating to the our services published by it, subject to notice.



11. ADVERTISING AND PROMOTIONS:

By accepting these Terms and Conditions, you agree that we reserve the exclusive right to send you promotional text messages, email or app notification from time to time relating to our products and services.



12. GENERAL:

12.1 These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and us concerning your use of our services.

12.2 We reserve the right to update these Terms and Conditions from time to time. If we do so, the updated version will be effective immediately. You are responsible for regularly reviewing Terms and Conditions from our online portal or app so that you are aware of any changes to them and you will be bound by the new terms upon your continued use of our services. No other variation to these Terms shall be effective unless in writing and uploaded to our website as stated here in above.

12.3 These Terms shall be governed by and construed in accordance with the laws of the United Republic of Tanzania and you agree to submit to the exclusive jurisdiction of the Tanzanian Courts.

12.4 If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

12.5 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

12.6 Notwithstanding any provisions contained herein, you may terminate this Terms and Conditions by ceasing to use the un registering yourself from our service.



13. CUSTOMER CARE

13.1. You may contact us through our customer care lines or other customer care contacts provided channels on our social media or Website.

13.2.Our customer care representatives will handle the reported case(s) in accordance with our standard complaint handling procedures.

13.3.Calls to call center may be recorded for quality assurance or for any business practices including but not limited to quality control, training and ensuring effective systems operations

13.4. To help us serve you better, kindly bring all relevant details relating to your complaint (e. g date & time of the incident, product, details of any person you have spoken to in relation to your complaint etc.).

13.5. The Complaints process is free of charge.

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POA GAS

At Poa Gas we are in a mission to make LPG available to everyone.


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info@poagas.co.tz

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