Terms of Service

1. Definitions

In these Terms of Service, the following definitions apply:

"Gazole", "we", "us" or "our"

means Gazole (Pty) Ltd, a private company duly incorporated in accordance with the laws of the Republic of South Africa, registration number [Registration Number], having its registered address at [Registered Address], South Africa.

"Service"

means the Gazole Fleet web-based fleet and fuel management software platform, including all features, dashboards, reports, APIs, and related tools made available via our website and web application.

"Customer", "you" or "your"

means the company or individual that registers for, accesses, or uses the Service under these Terms.

"User"

means any individual authorised by the Customer to access the Service on the Customer's behalf.

"Subscription"

means a paid plan that grants the Customer access to the Service for a defined period.

"Customer Data"

means all data, records, files, and information inputted by the Customer or Users into the Service.

"Trial Period"

means the 14-day free evaluation period described in clause 5.

"Confidential Information"

means any non-public information relating to either party's business, technology, clients, pricing, or operations disclosed in connection with these Terms.

"POPIA"

means the Protection of Personal Information Act 4 of 2013.

"Consumer Protection Act"

means the Consumer Protection Act 68 of 2008 of South Africa.

2. Acceptance of Terms

By creating an account, initiating a free trial, or accessing any part of the Service, you confirm that:

• You have read and understood these Terms;
• You have the authority to bind the Customer to these Terms;
• The Customer is a juristic person or a natural person at least 18 years of age;
• All information you provide during registration is accurate and complete.

If you do not agree to these Terms, you must not access or use the Service.

3. Description of Service

Gazole Fleet is a cloud-based fleet and fuel management platform designed for South African businesses. The Service includes, depending on your Subscription plan:

• Fuel transaction recording, monitoring, and anomaly detection;
• Driver profile management, behaviour scoring, and licence tracking;
• Maintenance scheduling, workshop job management, and service alerts;
• Inventory management for parts, lubricants, and consumables;
• Accounts receivable and payable management;
• Route planning and operational reporting;
• Fuel card integration with major South African providers;
• Multi-site and multi-user access with role-based permissions;
• API access for integration with third-party systems.

Gazole reserves the right to modify, update, or discontinue any feature of the Service at any time, subject to reasonable notice where such changes materially affect the Customer's use of the Service.

4. Account Registration

4.1 To access the Service, you must register for an account by providing a valid business email address, company name, contact details, and any other information requested during the registration process.

4.2 You are responsible for maintaining the confidentiality of your account credentials. You must notify Gazole immediately at support@gazole.co.za if you suspect any unauthorised access to your account.

4.3 You may not share login credentials across multiple Users. Each User must have their own unique login. Additional User seats may be subject to additional fees under your Subscription plan.

4.4 Gazole reserves the right to refuse registration or suspend any account that violates these Terms or any applicable law.

5. Free Trial

5.1 Gazole offers new Customers a free trial period of 14 (fourteen) calendar days from the date of registration ("Trial Period").

5.2 During the Trial Period, you will have access to the Service features specified at the time of sign-up. Gazole may limit certain features or data volumes during the Trial Period.

5.3 No credit card or payment information is required to commence the Trial Period.

5.4 At the end of the Trial Period, your access to the Service will be suspended unless you elect to convert to a paid Subscription. Gazole will send you a reminder notice no later than 3 days before the Trial Period expires.

5.5 Customer Data entered during the Trial Period will be retained for 30 days after the Trial Period ends. After this period, Gazole may permanently delete such data. If you convert to a paid Subscription before the end of this retention window, your data will be preserved.

5.6 Gazole reserves the right to modify or withdraw the free trial offering at any time without prior notice, provided that any Trial Period already in progress will be honoured.

6. Subscription and Payment

6.1 After the Trial Period, continued access to the Service requires a paid Subscription. Subscription fees are charged monthly or annually depending on the plan selected.

6.2 All fees are quoted and charged in South African Rand (ZAR) and are exclusive of Value Added Tax (VAT). VAT will be added at the applicable rate where required by South African law.

6.3 Payment is due in advance at the start of each billing cycle. Gazole will issue a valid tax invoice for each payment.

6.4 If payment is not received within 7 days of the due date, Gazole may suspend access to the Service without liability. Access will be restored upon receipt of overdue amounts plus any applicable interest.

6.5 Interest on overdue amounts will accrue at the maximum rate permitted under the National Credit Act 34 of 2005.

6.6 Subscription fees are non-refundable except as expressly stated herein or as required by the Consumer Protection Act. If Gazole terminates the Agreement without cause, a pro-rata refund for the unused portion of any prepaid period will be issued.

6.7 Gazole reserves the right to change Subscription fees upon 30 days' written notice. If you do not accept the new fees, you may cancel your Subscription before the new fees take effect.

7. Acceptable Use

7.1 You agree to use the Service only for lawful business purposes and in compliance with all applicable South African laws and regulations.

7.2 You must not:

• Attempt to gain unauthorised access to any part of the Service or its underlying systems;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service;
• Use the Service to transmit any malware, viruses, or harmful code;
• Use the Service to store or transmit any content that is unlawful, defamatory, fraudulent, or infringes the rights of any third party;
• Resell, sublicense, or otherwise make the Service available to third parties without Gazole's prior written consent;
• Use automated means to scrape or extract data from the Service beyond what is permitted by your API access rights;
• Interfere with the performance or integrity of the Service or related systems.

7.3 Any breach of this clause may result in immediate suspension of your account without refund.

8. Intellectual Property

8.1 All intellectual property rights in the Service, including but not limited to software, algorithms, design, trademarks, logos, and documentation, are owned by or licensed to Gazole. Nothing in these Terms grants you any ownership interest in the Service.

8.2 Gazole grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during the term of your Subscription solely for your internal business operations.

8.3 You retain all intellectual property rights in your Customer Data. By using the Service, you grant Gazole a limited licence to process, store, and use your Customer Data solely to the extent necessary to provide the Service to you.

8.4 Gazole may use anonymised and aggregated data derived from Customer Data to improve the Service, generate benchmarks, and develop new features, provided such data cannot be used to identify you or any individual.

9. Data and Privacy

9.1 Gazole processes personal information in accordance with POPIA and our Privacy Policy, which forms part of these Terms.

9.2 You are the Responsible Party (as defined in POPIA) in respect of Customer Data. Gazole acts as an Operator processing personal information on your behalf.

9.3 You warrant that you have obtained all necessary consents and have lawful authority to submit Customer Data to the Service, including personal information about your employees, drivers, and other data subjects.

9.4 Gazole implements industry-standard security measures to protect Customer Data against unauthorised access, loss, or destruction. In the event of a data breach affecting your Customer Data, Gazole will notify you without undue delay and in compliance with POPIA.

9.5 Customer Data is hosted on servers located within the Republic of South Africa unless otherwise agreed in writing.

10. Confidentiality

10.1 Each party agrees to keep the other party's Confidential Information strictly confidential and not to disclose it to any third party without the disclosing party's prior written consent.

10.2 Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was independently developed by the receiving party; (c) was already known to the receiving party prior to disclosure; or (d) must be disclosed by law or order of a court.

10.3 These confidentiality obligations survive termination of the Agreement for a period of 5 years.

11. Warranties and Disclaimers

11.1 Gazole warrants that the Service will be provided with reasonable care and skill and will materially conform to the documentation for the applicable Subscription plan.

11.2 Gazole does not warrant that: (a) the Service will be uninterrupted or error-free; (b) defects will be corrected within any specific timeframe; (c) the Service will meet all of your specific requirements beyond those stated in the documentation.

11.3 The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by South African law, Gazole disclaims all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

11.4 Gazole does not guarantee the accuracy or completeness of any data, reports, or analytics generated by the Service. You are responsible for verifying any information used to make business decisions.

12. Limitation of Liability

12.1 To the maximum extent permitted by South African law, Gazole's total liability to you under or in connection with these Terms, whether in contract, delict, or otherwise, shall not exceed the total Subscription fees paid by you in the 12 months immediately preceding the event giving rise to the claim.

12.2 Gazole shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of business, loss of data, or loss of goodwill, even if Gazole has been advised of the possibility of such damages.

12.3 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by South African law, including rights under the Consumer Protection Act.

12.4 You acknowledge that the fees charged by Gazole reflect this allocation of risk and that Gazole would not have entered into these Terms without these limitations.

13. Indemnification

You agree to indemnify, defend, and hold harmless Gazole and its directors, officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Service in violation of these Terms; (b) your Customer Data infringing any third-party rights; (c) your breach of any applicable law or regulation; or (d) any wilful misconduct or gross negligence by you or your Users.

14. Suspension and Termination

14.1 Termination by you: You may cancel your Subscription at any time by providing 30 days' written notice to support@gazole.co.za. No refund will be issued for the remaining portion of a monthly billing cycle, but annual prepayments will be refunded on a pro-rata basis for unused complete months.

14.2 Termination by Gazole for cause: Gazole may terminate your access immediately if you: (a) materially breach these Terms and fail to remedy the breach within 14 days of written notice; (b) become insolvent, are placed under business rescue, or are liquidated; (c) use the Service for fraudulent or unlawful purposes.

14.3 Termination by Gazole without cause: Gazole may terminate your Subscription upon 60 days' written notice, in which case a pro-rata refund will be issued for any prepaid period.

14.4 Effect of termination: Upon termination, your access to the Service will cease. Gazole will retain your Customer Data for 30 days post-termination, during which you may request an export. After this period, your data will be permanently deleted.

15. Governing Law and Disputes

15.1 These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

15.2 Any dispute arising from or in connection with these Terms shall first be referred to good-faith negotiations between senior representatives of both parties for a period of 30 days.

15.3 If the dispute is not resolved through negotiation, either party may refer it to mediation through the Arbitration Foundation of Southern Africa (AFSA) before commencing arbitration or litigation.

15.4 The parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, Gauteng Division, Johannesburg.

15.5 Nothing in this clause prevents Gazole from seeking urgent or interim relief from a competent court.

16. Changes to Terms

16.1 Gazole may update these Terms from time to time. We will notify you of material changes by email to your registered address at least 14 days before the changes take effect.

16.2 Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the revised Terms.

16.3 If you do not agree to the updated Terms, you may terminate your Subscription before the changes take effect in accordance with clause 14.1.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

Also see our Privacy Policy.