Terms & Conditions.

These Terms and Conditions govern the purchase of LPG and the use, rental, exchange and return of Petrocam Cylinders supplied directly by PETROCAM LPG (PTY) LIMITED, Registration Number 2026/852658/07 ("Petrocam"), whether ordered through Petrocam's website, mobile application, electronic platform or any other channel made available by Petrocam from time to time.

By placing an Order, creating an Account, paying for LPG or a Cylinder Rental Advance, or accepting delivery of a Petrocam Cylinder, the Consumer agrees to be bound by these Terms and Conditions.

00. Definitions

In these Terms and Conditions, unless the context indicates otherwise the following terms shall have the meaning assigned to them hereunder and cognate expressions shall have corresponding meanings, namely:

• "Account" shall mean the Consumer's account created on the Platform through which the Consumer may place Orders, manage Deliveries, participate in the Cylinder Rental Model and access transaction records.
• "Agreement" shall mean these Terms and Conditions, together with any policies, schedules, notices or other documents expressly incorporated herein by reference.
• "Consumer" shall mean the person who places an Order, purchases LPG, pays a Cylinder Rental Advance, receives or holds a Petrocam Cylinder, and/or otherwise participates in the Cylinder Rental Model, and where applicable includes a consumer as defined in section 1 of the CPA.
• "CPA" shall mean the Consumer Protection Act, No. 68 of 2008 and any Regulations promulgated in terms thereof.
• "Cylinder Rental Advance" shall mean the amount of R1,200.00 (one thousand two hundred Rand), or such other amount as Petrocam may determine from time to time in accordance with applicable law, payable by the Consumer in advance as consideration for the rental and use of each Petrocam Cylinder initially supplied to the Consumer under the Cylinder Rental Model for the Rental Period, and against which the Cylinder Usage Charge shall be allocated in determining any Refund Value payable to the Consumer in accordance with these Terms and Conditions.
• "Cylinder Exchange" shall mean the return of a Petrocam Cylinder to Petrocam or its Nominee in exchange for another filled Petrocam Cylinder, as it occurs during the ongoing rental cycle, without terminating the Consumer's participation in the Cylinder Rental Model, and with no rental payment or new rental period being triggered.
• "Cylinder Rental Model" shall mean the arrangement in terms of which a Consumer is entitled to possess and use a Petrocam Cylinder against payment of the Cylinder Rental Advance for an initial Rental Period, without ownership thereof passing from Petrocam, subject to the Cylinder Usage Charge and the renewal, exchange, return, damage and refund provisions of this Agreement.
• "Cylinder Usage Charge" shall mean the non-refundable portion of the Cylinder Rental Advance attributable to the Consumer's participation in the Cylinder Rental Model, calculated at 1/60th (one sixtieth) of the applicable original Cylinder Rental Advance for each completed month during the relevant Rental Period up to the amount equal to that Cylinder Rental Advance.
• "Rental Period" shall mean the period of 5 (five) years, being 60 (sixty) consecutive calendar months, commencing on the first day of the calendar month immediately following the month in which the relevant Petrocam Cylinder is initially delivered to the Consumer, unless otherwise expressly agreed in writing between Petrocam and the Consumer.
• "Delivery" shall mean the physical handover of LPG and/or a Petrocam Cylinder to the Consumer, or to a person authorised by the Consumer to accept delivery, at the Delivery Address.
• "Delivery Address" shall mean the physical address nominated by the Consumer for delivery and accepted by Petrocam as falling within an area serviced by Petrocam or its authorised delivery provider.
• "Delivery Fee" shall mean the fee, if any, charged by Petrocam for delivery of an Order, as displayed to the Consumer before completion of the Order.
• "Fair Wear and Tear" shall mean deterioration arising from normal, proper and intended use of a Petrocam Cylinder which does not affect its safety, structural integrity or fitness for continued service, determined having regard to Petrocam's cylinder inspection standards and the manufacturer's applicable inspection and maintenance criteria from time to time.
• "LPG" shall mean liquefied petroleum gas supplied by Petrocam in a Petrocam Cylinder.
• "Nominee" shall mean any supplier, transporter, contractor, agent, delivery provider, filling facility or other person appointed or authorised by Petrocam.
• "Order" shall mean a request submitted by a Consumer to Petrocam for the purchase of LPG, initial supply of a Petrocam Cylinder under the Cylinder Rental Model, a Cylinder Exchange, Permanent Return or any other product or service offered by Petrocam from time to time.
• "Order Confirmation" shall mean Petrocam's electronic or written confirmation that an Order has been accepted for processing.
• "Payment Method" shall mean any credit card, debit card, electronic funds transfer, digital wallet or other payment method accepted by Petrocam from time to time.
• "Permanent Return" shall mean the return of a Petrocam Cylinder without the Consumer receiving another Petrocam Cylinder in exchange, for purposes of terminating the Consumer's participation in the Cylinder Rental Model and determining any Refund Value due to the Consumer.
• "Petrocam" shall mean Petrocam LPG (Pty) Limited with Registration Number: 2026/852658/07, a private company duly incorporated in terms of the company laws of the Republic of South Africa and, where the context so requires in terms of this agreement, its employees, officers, contractors, agents or Nominees.
• "Petrocam Cylinder" shall mean a 10kg composite LPG cylinder supplied by Petrocam for the storage and packaging of LPG, including its valve, protective casing, handle and all associated components, markings and identification devices, title to and ownership of which shall at all times remain vested in Petrocam.
• "Platform" shall mean any website, mobile application or other electronic ordering or customer platform operated or authorised by Petrocam from time to time.
• "POPIA" shall mean the Protection of Personal Information Act, No. 4 of 2013 and any regulations promulgated thereunder, as amended from time to time.
• "Proof of Rental" shall mean Petrocam's electronic records, Account records, transaction history, receipt, Order Confirmation, cylinder identification record or other evidence reasonably accepted by Petrocam as establishing the initial Delivery date or commencement date of the relevant Rental Period applicable to the Cylinder Rental Advance.
• "Refund Value" shall mean the amount of the Cylinder Rental Advance refundable to the Consumer following a Permanent Return, calculated in accordance with this Agreement after deduction of the accrued Cylinder Usage Charge and any amounts lawfully deductible in respect of damage or other charges contemplated herein, and shall include, where applicable, any additional amount payable by Petrocam upon Permanent Return following expiry of the Rental Period in accordance with clause 7.

Any reference to legislation includes that legislation as amended or replaced from time to time. In the event of any conflict between these Terms and Conditions and an Order Confirmation, the Order Confirmation shall prevail only in respect of the specific Order to which it relates, unless expressly stated otherwise.

01. Application and Acceptance of These Terms

These Terms and Conditions apply to every Order placed by a Consumer with Petrocam for the purchase of LPG, the initial supply of a Petrocam Cylinder under the Cylinder Rental Model, any Cylinder Exchange or Permanent Return, and any related delivery or service provided by Petrocam.

By creating an Account, accepting these Terms and Conditions electronically, placing an Order, paying for LPG or a Cylinder Rental Advance, or accepting Delivery of a Petrocam Cylinder, the Consumer acknowledges that the Consumer has read, understood and agrees to be bound by these Terms and Conditions.

The Consumer shall ensure that all information supplied to Petrocam in connection with an Account, Order or Delivery is complete, accurate and current.

The Consumer is responsible for maintaining the confidentiality of the login credentials associated with the Consumer's Account and for activity conducted through the Account, except to the extent that any unauthorised activity results from an act or omission of Petrocam.

Petrocam may refuse or suspend an Account or decline an Order where Petrocam reasonably suspects fraud, unlawful conduct, misuse of a Petrocam Cylinder, unsafe conduct or a material breach of these Terms and Conditions.

02. Orders and Supply

• A Consumer may place an Order through the Platform or through any other ordering channel made available by Petrocam from time to time.
• Petrocam shall supply LPG under these Terms and Conditions in pre-filled Petrocam Cylinders supplied by Petrocam or its Nominee.
• A Consumer placing an initial Order and not already participating in the Cylinder Rental Model shall be required to pay the applicable Cylinder Rental Advance in addition to the price of the LPG and any applicable Delivery Fee.
• A Consumer already participating in the Cylinder Rental Model may place a subsequent Order for LPG by way of a Cylinder Exchange, in which case the Consumer shall return an existing Petrocam Cylinder and receive a pre-filled Petrocam Cylinder in exchange.
• A Cylinder Exchange shall not, in itself, require payment of a further Cylinder Rental Advance, constitute the commencement of a new Cylinder Rental Model or restart the period over which the Cylinder Usage Charge is calculated, save where the Consumer has expressly agreed to a renewal of the Rental Period in accordance with clause 5.
• An Order constitutes an offer by the Consumer to purchase the LPG and/or obtain the related services specified in the Order and shall only become binding upon Petrocam once Petrocam has issued an Order Confirmation.
• All Orders are subject to availability, Petrocam's applicable delivery area and successful payment.
• Petrocam may decline or cancel an Order prior to Delivery where LPG is unavailable or the Consumer does not provide the Petrocam Cylinder for exchange and has not paid the required Cylinder Rental Advance, or payment has not been successfully processed, the Delivery Address cannot reasonably be serviced, Petrocam reasonably suspects fraud or unlawful activity, or Petrocam is unable to fulfil the Order for safety, regulatory or operational reasons.
• Where Petrocam cancels an Order after receiving payment and before Delivery, Petrocam shall refund the amount paid in respect of the cancelled Order in accordance with applicable law.

03. Price and Payment

• The price payable for LPG shall be the price displayed to the Consumer on the Platform or otherwise quoted by Petrocam at the time the Order is placed.
• The total amount payable by the Consumer in respect of an Order may comprise: the price of the LPG; in the case of an initial Order under the Cylinder Rental Model, the Cylinder Rental Advance; any applicable Delivery Fee; and any other fee or charge disclosed to and accepted by the Consumer before the Order is completed.
• All prices displayed to Consumers shall include VAT where required by applicable law.
• Petrocam may amend the price of LPG, the Cylinder Rental Advance, Delivery Fees or any other applicable charges from time to time, provided that any amendment shall not affect an Order already accepted by Petrocam or any Cylinder Rental Advance already paid by the Consumer in respect of an existing Rental Period. Any revised Cylinder Rental Advance shall apply only to new rental arrangements or renewals expressly agreed to by the Consumer.
• Payment shall be made using a Payment Method accepted by Petrocam and, unless Petrocam expressly agrees otherwise, payment must be successfully processed before an Order will be dispatched.
• The Consumer authorises Petrocam and its authorised payment service provider to process payment of the amounts expressly disclosed and accepted by the Consumer in respect of an Order.

04. Cylinder Rental Model

• Petrocam sells the LPG contained in a Petrocam Cylinder to the Consumer. The Petrocam Cylinder itself is not sold and shall at all times remain the sole property of Petrocam.
• A Consumer entering the Cylinder Rental Model shall pay a Cylinder Rental Advance of R1,200.00 (one thousand two hundred Rand) inclusive of VAT, in respect of each Petrocam Cylinder initially supplied to the Consumer. The Cylinder Rental Advance constitutes payment in advance for the rental and use of the Petrocam Cylinder during the Rental Period, and is neither a security deposit nor the purchase price of the Petrocam Cylinder and does not confer any right of ownership upon the Consumer.
• The Cylinder Rental Advance shall have a Refund Value representing the unearned portion of the rental paid in advance, which shall reduce progressively over the Rental Period through the application of the Cylinder Usage Charge, subject to clause 7.
• The Cylinder Usage Charge shall accrue at 1/60th (one sixtieth) of the original Cylinder Rental Advance for each completed month during the Rental Period, commencing on the first day of the calendar month immediately following the month in which the relevant Petrocam Cylinder is initially delivered to the Consumer, up to the full amount of the Cylinder Rental Advance. No Cylinder Usage Charge shall accrue in respect of the calendar month in which the Petrocam Cylinder is initially delivered.
• The indicative annual Refund Values are illustrated in Annexure A. The actual Refund Value shall be calculated monthly in accordance with clause 5.4.
• Upon expiry of the Rental Period, the Cylinder Usage Charge attributable to the original Cylinder Rental Advance shall cease to accrue, and the unearned portion of that Cylinder Rental Advance shall have reduced to R0.00. Notwithstanding the expiry of the Rental Period, ownership of the Petrocam Cylinder shall remain vested in Petrocam, and the Consumer shall acquire no right of ownership in respect thereof.
• Upon expiry of the Rental Period, Petrocam may, subject to applicable law and upon reasonable notice to the Consumer: offer to renew the Consumer's participation in the Cylinder Rental Model for a further Rental Period, subject to the Consumer's acceptance of the applicable terms and payment of a further Cylinder Rental Advance; permit the Consumer to continue participating in the Cylinder Rental Model without payment of a further Cylinder Rental Advance, or on such reduced or alternative rental terms as Petrocam may offer and the Consumer may accept; or elect not to renew or extend the Consumer's participation in the Cylinder Rental Model and require the return of the Petrocam Cylinder.
• Any renewal or extension agreed in accordance with clause 5.7 shall not affect Petrocam's ownership of the Petrocam Cylinder. Where a further Cylinder Rental Advance is payable, the applicable rental period, commencement date, Cylinder Usage Charge and refund arrangements shall be disclosed to and agreed by the Consumer before the renewal takes effect.

05. Cylinder Exchanges

A Consumer may order further LPG by requesting a Cylinder Exchange, in which case Petrocam or its Nominee shall deliver a pre-filled Petrocam Cylinder against the simultaneous return of an existing Petrocam Cylinder. The Consumer shall pay the applicable price of the LPG and any Delivery Fee, but no further Cylinder Rental Advance shall be payable solely by reason of the Cylinder Exchange, unless otherwise expressly agreed as part of a renewal in accordance with clause 5.7.

A Cylinder Exchange refers specifically to the ongoing exchange of cylinders forming part of the rental cycle. As such it does not terminate the Consumer's participation in the Cylinder Rental Model, give rise to a refund or require payment of a further Cylinder Rental Advance, nor does it restart the period over which the Cylinder Usage Charge is calculated.

Petrocam may record and associate the unique identification of Petrocam Cylinders supplied and returned with the Consumer's Account and transaction history. Petrocam Cylinders operate as part of a cylinder pool and the Consumer has no right to retain or receive any particular individually identified Petrocam Cylinder.

If the Consumer requests a Cylinder Exchange but fails to make a Petrocam Cylinder available for return, Petrocam may refuse to complete the exchange or, with the Consumer's agreement, supply an additional Petrocam Cylinder against payment of an additional Cylinder Rental Advance.

06. Permanent Return and Refund Value

A Consumer may permanently return a Petrocam Cylinder without receiving another Petrocam Cylinder in exchange. A Permanent Return terminates the Consumer's relevant cylinder entitlement under the Cylinder Rental Model and Petrocam shall determine the Refund Value applicable to the relevant Cylinder Rental Advance.

Where sufficient Proof of Rental is available, the Refund Value payable upon Permanent Return during the Rental Period shall be the original Cylinder Rental Advance less: the accrued Cylinder Usage Charge; and any permissible deduction for damage exceeding Fair Wear and Tear.

Where the commencement date applicable to a Cylinder Rental Advance cannot reasonably be established from the available Proof of Rental, Petrocam shall determine the Refund Value having regard to any other reliable information reasonably available regarding the Consumer's participation in the Cylinder Rental Model, including the Consumer's own records or other evidence reasonably provided. Where the relevant commencement date remains incapable of determination despite reasonable enquiries, Petrocam may determine a refund not exceeding 20% of the original Cylinder Rental Advance, less any permissible deduction for damage exceeding Fair Wear and Tear.

No deduction shall be made for Fair Wear and Tear or an inherent manufacturing defect. Where a returned Petrocam Cylinder has sustained damage exceeding Fair Wear and Tear, Petrocam may, following inspection in accordance with clause 10, deduct from any amount otherwise payable to the Consumer upon Permanent Return, the reasonable cost of repair or, where the Cylinder is damaged beyond safe or economic repair, the reasonable replacement cost attributable to such damage. Any such deduction shall not exceed the amount otherwise payable to the Consumer upon Permanent Return.

Notwithstanding the provisions of clauses 5.4 and 7.2, where a Consumer effects a Permanent Return of a Petrocam Cylinder during the final 12 (twelve) months of the Rental Period, or at any time following expiry thereof, Petrocam shall pay the Consumer the higher of the Refund Value calculated in accordance with clause 7.2 or a minimum return amount equal to 20% (twenty percent) of the original Cylinder Rental Advance.

Such minimum return amount shall apply even where the Refund Value has reduced to R0.00 following expiry of the Rental Period and shall not be payable in addition to the calculated Refund Value. Any amount payable under this clause shall be subject to verification of the Consumer's entitlement to return the Petrocam Cylinder and any permissible deductions for damage exceeding Fair Wear and Tear.

Any Refund Value or other amount payable under this clause 7 shall be processed by Petrocam using the original Payment Method where reasonably practicable, or such other lawful refund method agreed with the Consumer.

Where a Petrocam Cylinder is lost, stolen, destroyed or not returned, the Consumer shall not be entitled to the Refund Value attributable to that Cylinder, subject to applicable law. Where the loss, destruction or non-return is attributable to the Consumer's failure to take reasonable care of the Petrocam Cylinder, Petrocam may recover from the Consumer the reasonable replacement cost of the Petrocam Cylinder, less any remaining Refund Value forfeited in terms of this clause, subject always to applicable law.

07. Risk and Ownership

• Every Petrocam Cylinder remains the sole property of Petrocam at all times. The Consumer acquires no ownership or other proprietary right in a Petrocam Cylinder by reason of possession, payment of a Cylinder Rental Advance or Cylinder Usage Charge, any Cylinder Exchange, the passage of time or the reduction of the Refund Value to R0.00.
• Ownership of the LPG shall pass to the Consumer upon Delivery, provided that Petrocam has received payment in full for the relevant Order. Risk in the LPG shall pass to the Consumer upon Delivery.
• Risk of loss of or damage to a Petrocam Cylinder shall pass to the Consumer upon Delivery and shall remain with the Consumer for so long as a Petrocam Cylinder is in the Consumer's possession or control.
• The Consumer shall not sell, dispose of, pledge, encumber, abandon or otherwise transfer or purport to transfer a Petrocam Cylinder to any third party, except by returning it to Petrocam or its Nominee.
• The Consumer shall notify Petrocam as soon as reasonably practicable if a Petrocam Cylinder is lost, stolen, destroyed or otherwise ceases to be in the Consumer's possession or control.

08. Markings and Identification

The Consumer shall not remove, obscure, alter, reproduce or misuse any Petrocam trademark, label, serial number, identification code, tracking device, safety marking or other marking appearing on or associated with a Petrocam Cylinder.

09. Cylinder Condition, Inspection and Damage

The Consumer shall take reasonable care of each Petrocam Cylinder while it is in the Consumer's possession or control and shall use, handle and store it only for its intended purpose and in accordance with applicable law and all applicable operating, handling, storage and safety instructions provided by Petrocam or issued by the manufacturer and made available to the Consumer.

The Consumer shall not use a Petrocam Cylinder which is damaged, leaking or otherwise appears unsafe or unfit for use. If a Petrocam Cylinder displays any crack, cut, gouge, bulge, material loss, exposed or cut fibres, delamination, abnormal deformation, significant abrasion, chemical attack, heat or fire damage, damage to the valve or pressure relief device, leakage, damage to the protective casing or any other condition which may affect its safe use, the Consumer shall cease using it, notify Petrocam as soon as reasonably practicable and follow Petrocam's reasonable instructions regarding its collection, exchange, inspection or return.

The Consumer shall not repair, modify, dismantle, puncture, drill, cut, paint or otherwise interfere with a Petrocam Cylinder or any of its components.

Petrocam or a competent person authorised by Petrocam may inspect a returned Petrocam Cylinder and determine whether it displays Fair Wear and Tear, requires repair, is unsafe or unsuitable for continued service, or must be withdrawn from service or scrapped, having regard to applicable law, Petrocam's applicable requirements and the manufacturer's applicable inspection, maintenance and acceptance criteria from time to time.

10. Use, Storage and Safety

LPG is a flammable product and must be used, handled and stored with appropriate care and strictly in accordance with applicable law and all safety instructions accompanying the LPG or Petrocam Cylinder.

The Consumer shall use and store the Petrocam Cylinder only for its intended purpose, keep it in a secure and adequately ventilated location away from open flames, ignition sources, excessive heat and any other conditions which may create a safety risk, not expose the Petrocam Cylinder to temperatures exceeding any maximum temperature specified by the manufacturer from time to time, ensure that any appliance, regulator, hose or other equipment connected to it is suitable for LPG and in safe working condition, and comply with all applicable safety instructions and warnings supplied by Petrocam or the manufacturer.

The Consumer shall not refill or attempt to refill a Petrocam Cylinder, permit it to be refilled other than by Petrocam or a Petrocam authorised filling facility, decant or transfer LPG into another cylinder or container, use the Cylinder for any unintended purpose, tamper with any valve, pressure relief device or safety component, or use a Cylinder which the Consumer knows or reasonably suspects is damaged, leaking or unsafe.

If the Consumer detects or reasonably suspects an LPG leak or other unsafe condition, the Consumer shall immediately cease using the Petrocam Cylinder, avoid any ignition source and follow the applicable emergency and safety instructions provided by Petrocam.

The Consumer shall comply with all applicable operating, handling, storage and safety instructions issued by the manufacturer of the Petrocam Cylinder and made available to the Consumer by Petrocam from time to time, to the extent applicable to the Consumer's possession, handling, storage or use of the Petrocam Cylinder.

11. Delivery

• Petrocam or its Nominee shall deliver accepted Orders to the Delivery Address nominated by the Consumer.
• Any delivery time or delivery window communicated by Petrocam is an estimate unless expressly stated otherwise, and Petrocam shall use reasonable endeavours to complete Delivery within the estimated period.
• The Consumer shall provide a complete and accurate Delivery Address and any information reasonably required to complete Delivery safely and lawfully, and shall ensure that the Consumer or another authorised person is present to accept Delivery and, in the case of a Cylinder Exchange, return the applicable Petrocam Cylinder.
• Petrocam or its Nominee may require reasonable proof of identity, Order Confirmation or other verification before completing Delivery or accepting a Petrocam Cylinder for return.
• The Consumer should, where reasonably practicable, inspect the Petrocam Cylinder upon Delivery for readily apparent damage or leakage and notify Petrocam or its Nominee if the Cylinder appears damaged, leaking or unsafe. Failure to identify a defect upon Delivery shall not prejudice any right which the Consumer may have under applicable law.
• Petrocam may refuse or postpone Delivery where the Delivery Address cannot safely or reasonably be accessed, no authorised person is present to receive the Order, a Petrocam Cylinder required for an exchange is not available for return, or Delivery would be unlawful, unsafe or prevented by circumstances beyond Petrocam's reasonable control.
• Where Delivery cannot be completed for a reason attributable to the Consumer, the Consumer shall forfeit the Delivery Fee paid in respect of the Delivery. Should the Consumer wish to rearrange Delivery, a further Delivery Fee shall be payable at the applicable rate.
• Delivery shall be deemed completed when the Order is physically handed to the Consumer or another person authorised by the Consumer at the Delivery Address.
• Petrocam or its Nominee shall not be obliged to leave LPG or a Petrocam Cylinder unattended at the Delivery Address, notwithstanding any instruction or request by the Consumer to do so.

12. Warranties and Liability

• Nothing in these Terms and Conditions is intended to exclude, restrict or limit any right or remedy available to a Consumer under the CPA or any other applicable law to the extent that such right or remedy may not lawfully be excluded, restricted or limited.
• Petrocam shall remain responsible to the extent required by applicable law for any defect inherent in the LPG or Petrocam Cylinder which is not attributable to or contributed to by misuse, abuse, improper storage, unauthorised modification, tampering, improper handling or any other act or omission of the Consumer or a third party.
• Petrocam shall not be responsible for loss or damage to the extent caused or contributed to by the Consumer's or a third party's misuse, negligent handling, improper storage, unauthorised filling, refilling, decanting, modification or repair of LPG or a Petrocam Cylinder, use contrary to applicable safety instructions, use with defective or incompatible equipment, or continued use after becoming aware of an apparent leak, defect or unsafe condition.
• Subject always to clause 13.1 and applicable law, the Consumer indemnifies Petrocam, its employees, contractors, agents and Nominees against any claim, loss, damage, liability or reasonable cost incurred by Petrocam arising from a claim by a third party, to the extent that such claim results from or is attributable to: the Consumer's misuse, negligent handling or improper storage of LPG or a Petrocam Cylinder; any unauthorised filling, refilling, decanting, modification, repair or tampering with a Petrocam Cylinder; the Consumer's use of a Petrocam Cylinder contrary to applicable safety instructions or manufacturer instructions made available to the Consumer; the Consumer's use of a Petrocam Cylinder with defective, unsafe or incompatible equipment; the Consumer's continued use of a Petrocam Cylinder after becoming aware of an apparent leak, defect or unsafe condition; or any other material breach by the Consumer of clauses 8 to 11 which causes or contributes to the third-party claim.
• Petrocam shall not be liable for indirect or consequential loss arising from circumstances for which Petrocam is not legally responsible.

13. Force Majeure

Petrocam shall not be liable for any delay or failure to perform an obligation under these Terms and Conditions to the extent caused by circumstances beyond Petrocam's reasonable control, including natural disasters, fire, extreme weather, civil unrest, industrial action, interruption of transport or utilities, shortages or interruption in the supply of LPG, breakdown or shutdown of filling or supply facilities, governmental or regulatory action or changes in law.

Where such circumstances materially affect Petrocam's ability to fulfil an accepted Order, Petrocam may delay or suspend Delivery, offer an alternative Delivery date or, where the Order cannot reasonably be fulfilled, cancel the affected Order and refund any amount paid for goods or services not supplied.

Where the quantities of LPG or Petrocam Cylinders available to Petrocam are insufficient to satisfy all customer demand as a result of circumstances contemplated in this clause, Petrocam may reasonably allocate available supplies between customers, delivery areas or Orders.

14. Suspension and Termination

Petrocam may suspend a Consumer's Account, decline further Orders or Cylinder Exchanges, or suspend the Consumer's participation in the Cylinder Rental Model where the Consumer materially breaches these Terms and Conditions, fails to pay an amount lawfully due, misuses or unlawfully deals with a Petrocam Cylinder, tampers with a Cylinder or its identification or safety components, creates a material safety risk, provides materially false or fraudulent information, engages in fraud or unlawful conduct, or where continued supply would create a material legal, regulatory, safety or security risk.

Where a breach is reasonably capable of remedy, Petrocam may require the Consumer to remedy the breach within a reasonable period specified by Petrocam before terminating the Consumer's participation in the Cylinder Rental Model.

Petrocam may suspend or terminate the Consumer's participation immediately where the breach is not reasonably capable of remedy or immediate action is reasonably necessary for safety, fraud-prevention, legal or regulatory reasons.

Suspension or termination shall not affect any rights, obligations or liabilities which arose before the date of suspension or termination.

A Consumer may terminate participation in the Cylinder Rental Model at any time by making a Permanent Return, in which case any Refund Value shall be determined and refunded in accordance with clause 7.

Upon termination of participation in the Cylinder Rental Model, the Consumer shall return each Petrocam Cylinder in the Consumer's possession or control. Termination shall not affect Petrocam's ownership of any Petrocam Cylinder, any accrued rights or obligations, or any claim arising from loss of, damage to or failure to return a Petrocam Cylinder.

15. Cancellation of Orders and Refunds

A Consumer may request cancellation of an Order before Delivery through the Platform or another cancellation channel made available by Petrocam. Where the Order has not yet been dispatched, Petrocam shall refund any amount paid, subject to any reasonable charge lawfully applicable and disclosed to the Consumer. Where the Order has already been dispatched or Delivery has commenced, cancellation shall be subject to Petrocam's reasonable cancellation and delivery procedures and applicable law.

Nothing in these Terms and Conditions shall limit any statutory right of cancellation, return, refund, repair, replacement or other remedy available to the Consumer under the CPA, the Electronic Communications and Transactions Act, No. 25 of 2002, or any other applicable law.

A cancellation of an Order for LPG shall not, unless expressly requested by the Consumer and accepted by Petrocam, constitute a Permanent Return or termination of the Consumer's participation in the Cylinder Rental Model.

16. Personal Information and Privacy

Petrocam may collect and process personal information relating to the Consumer for purposes reasonably necessary to create and administer the Consumer's Account, process payments and Orders, arrange Deliveries, Cylinder Exchanges and Permanent Returns, administer the Cylinder Rental Model and Refund Values, maintain cylinder identification and transaction records, communicate with the Consumer, prevent fraud or misuse, and comply with legal and regulatory obligations.

Petrocam shall process personal information in accordance with POPIA and Petrocam's Privacy Policy and may disclose such information to its Nominees, payment service providers, delivery providers, contractors and other service providers where reasonably necessary for these purposes and permitted by applicable law. Further information regarding Petrocam's processing of personal information and the Consumer's rights shall be set out in the Privacy Policy made available through the Platform.

17. Applicable Law and Jurisdiction

These Terms and Conditions, each Order and the relationship between Petrocam and the Consumer arising therefrom shall in all respects be governed by and construed in accordance with the laws of the Republic of South Africa.

Subject always to any right which the Consumer may have under the CPA or any other applicable law to approach any court, tribunal, ombud, regulatory authority or other competent forum, the parties consent to the jurisdiction of the Randburg Magistrates' Court in respect of any legal proceedings arising out of or in connection with these Terms and Conditions, any Order or the Cylinder Rental Model. These Terms and Conditions shall be deemed to have been concluded within the area of jurisdiction of the Randburg Magistrates' Court, being the area in which Petrocam's principal offices are situated, provided that Petrocam may institute proceedings in any other court of competent jurisdiction where lawfully entitled to do so.

18. Whole Agreement and Variations

• These Terms and Conditions, together with any Order Confirmation and any policy, schedule, notice or other document expressly incorporated herein by reference, constitute the agreement between Petrocam and the Consumer in relation to the subject matter hereof.
• Petrocam may amend these Terms and Conditions from time to time where reasonably necessary to reflect changes to the Cylinder Rental Model, Petrocam's products or services, the Platform, operational requirements or applicable law. Any amendment shall apply prospectively from its effective date and shall not retrospectively alter an Order already accepted by Petrocam. Where an amendment materially affects a Consumer's existing participation in the Cylinder Rental Model, Petrocam shall give the Consumer reasonable notice of the amendment.
• Subject to applicable law, the Consumer's continued participation in the Cylinder Rental Model or placing of an Order after the effective date of amended Terms and Conditions shall constitute acceptance of those amended Terms and Conditions.

19. Notices and Electronic Communications

Petrocam may communicate with the Consumer regarding Orders, Deliveries, Cylinder Exchanges, Permanent Returns, safety information, changes to these Terms and Conditions and other matters relating to the Cylinder Rental Model using the email address, mobile telephone number, Account details or other contact details provided by the Consumer, including by email, SMS or in-app notification. The Consumer shall ensure that such contact details remain complete, accurate and current.

Notices to Petrocam shall be sent using the contact details or communication channels specified on the Platform from time to time.

20. Dispute Resolution

A Consumer who has any complaint or dispute relating to an Order, Delivery, Petrocam Cylinder, Cylinder Rental Advance, Refund Value or these Terms and Conditions should first contact Petrocam through the customer service or complaints channel specified on the Platform, and Petrocam shall use reasonable endeavours to investigate and resolve the matter within a reasonable period.

If a dispute cannot be resolved directly, either party may pursue any remedy available under applicable law. Nothing in these Terms and Conditions prevents or restricts a Consumer from referring a complaint or dispute to the National Consumer Commission, a consumer protection authority, ombud, tribunal, court or other competent forum, or either party from approaching a court of competent jurisdiction for urgent or interim relief.

21. General

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision shall, to the extent necessary, be severed or treated as ineffective without affecting the validity or enforceability of the remaining provisions.

The Consumer may not cede, assign or transfer the Consumer's participation in the Cylinder Rental Model, any Cylinder Rental Advance or Refund Value, or any obligation relating to a Petrocam Cylinder to another person without Petrocam's prior written consent.

Petrocam may cede, assign or transfer its rights and obligations under these Terms and Conditions to another person as part of a transfer, restructuring or reorganisation of the relevant business, subject to applicable law.

No failure or delay by Petrocam in exercising any right under these Terms and Conditions shall constitute a waiver of that right.

Any provision of these Terms and Conditions which by its nature is intended to survive termination shall remain effective after termination, including provisions relating to ownership of Petrocam Cylinders, liability, personal information and accrued rights and obligations.

22. Electronic Acceptance

These Terms and Conditions may be accepted electronically and such acceptance shall have the same force and effect as written acceptance to the extent permitted by applicable law. Petrocam may retain electronic records of the Consumer's acceptance, Orders, payments, Deliveries, Cylinder Exchanges, Permanent Returns, cylinder identification and other transactions conducted through the Platform, which records shall constitute prima facie evidence of the transactions and information recorded therein, subject to the Consumer's right to prove otherwise.

The Consumer may access the current version of these Terms and Conditions through the Platform and may request a copy from Petrocam using the contact details specified on the Platform.

A. Annexure "A" — Indicative Refund Values

The amounts below are illustrative annual examples only. The actual Refund Value shall be calculated according to the number of completed calendar months elapsed in accordance with clause 5.4, subject to the minimum return amount payable under clause 7.5 and any permissible deductions for damage exceeding Fair Wear and Tear.