M-Gas

M-GAS RESOURCES LIMITED’S TERMS AND CONDITIONS FOR THE PROVISION OF ITS PAY AS YOU USE GAS SERVICE AND THE SALE OF STOVE COOKING STOVE

These terms and conditions as set out in this document (Terms and Conditions) apply to the provision of the gas pay-as-you-go service by M-Gas Resources Limited, a limited liability company incorporated in the United Republic of Tanzania with its registered office at Block No. 574, P.O. Box 78552, Second Floor, The Luminary, Cnr Haile Selassie and Chole Road, Masaki, Dar es Salaam (M-Gas) to a person requesting these services from M-Gas (the Customer), for M-Gas to sell and the Customer to buy a Stove (as defined below).

1.Translation

1.1. The following terms shall have the following meanings in these Terms and Conditions:

1.1.1. Address means the address of the Customer’s location;

1.1.2. Agreement means together (i) the agreement entered into between M-Gas and the Customer as set out in the document known as ‘My Agreement with M-Gas’ and (ii) these Terms and Conditions;

1.1.3. Customer Personal Information has the meaning given in clause 8.2;

1.1.4. Data Protection Laws has the meaning given in section 8.1;

1.1.3. Delivery of the product is completed when M-Gas delivers the stove to the Customer using the Customer’s address.

1.1.4. Equipment means the gas cylinder, the gas contained in the cylinder, the Stove (if supplied to the Customer, and until the Stove is handed over to the Customer in accordance with clauses 6.2.3 or 6.3.3), the meter, the activation card, and additional items such as connecting hoses and clips which are supplied by M-Gas to the Customer in accordance with these Terms and Conditions;

1.1.5. Gas Prepayment has the meaning given in clause 5.5;

1.1.6. LPG means gas;

1.1.7 M-Gas Website means this website https://mgas.tz/terms ;

1.1.7. M-Gas Employee means an employee, consultant, agent or officer of M-Gas or any affiliate or agent of M-Gas;

1.1.8. Remaining Amount means the amount of the Purchase Price and/or the Remaining Amount of Gas Purchase;

1.1.9. Remaining Gas Volume has the meaning given in clause 5.6;

1.1.10. Remaining Purchase Price Amount has the meaning given in clause 6.5;

1.1.11. Payment Date has the meaning given in clause 6.3.1(b);

1.1.12. Purchase Price Instalment Payment has the meaning given in clause 6.3.1(b);

1.1.13. Maintenance Service means the maintenance service provided by M-Gas in accordance with clause 7;

1.1.14. Maintenance Service Fee has the meaning given in clause 7.4;

1.1.15. Exchange Service has the meaning given in clause 3.2.1;

1.1.16. Service means the provision of Equipment in accordance with clause 3 of these Terms and Conditions;

1.1.17. Stove means a new or refurbished stove compatible with the Customer’s use and the equipment supplied by M-Gas (and includes any replacement stoves supplied in accordance with clauses 7.2 and 7.4 and does not include any converted stove).

1.1.18. Tanzania means the United Republic of Tanzania.

1.1.19. TSh . means the legal tender of Tanzania.

2.Provision of Equipment and Services

2.1.Before the Agreement enters into force:

2.1.1. The customer shall provide M-Gas with his/her address and telephone number;

2.1.2. M-Gas Company will appoint an Employee to visit the Customer using the Address provided to go and see the location where the equipment will be installed and used;

2.1.3 M-Gas will determine whether the location where the equipment will be installed and used is suitable or not.

2.1.4. M-Gas will determine whether the person requesting the service is eligible to become its customer or not.

2.2. The Customer shall be deemed to have accepted the Agreement, and any amendments thereto from time to time:

2.2.1. The Customer shall sign a document known as ‘Your Agreement with M-Gas’; and

2.2.2. Customer’s use of any Service.

2.3 After M-Gas has confirmed that the criteria set out in clause 2.1 have been met:

2.3.1 Without prejudice to the provisions of clause 2.4 below which provides for the period for cancellation of the Agreement, this Agreement shall come into force and M-Gas shall arrange for the delivery of the Equipment to the Customer using the Address provided by the Customer;

2.3.2 The Customer shall make the Initial Gas Payment in accordance with clause 5.5; and

2.3.3 M-Gas shall provide the Services to the Customer in accordance with the Agreement, and these Terms and Conditions shall be deemed to be incorporated into the Agreement and shall bind the Customer directly. Except that, for the avoidance of doubt, M-Gas may in certain circumstances determine that the criteria set out in clause 2.1 have been met when part or all of the criteria have not been met.

2.4. Notwithstanding the foregoing provisions, after this Agreement comes into force, the Customer shall have a period of 10 days to cancel the Agreement. During the cancellation period, M-Gas shall not provide the Customer with any Equipment unless the Customer requests the Equipment within the cancellation period. In the event that the Customer requests the Equipment during the cancellation period, the Customer shall be liable for the cost of such Equipment in accordance with this Agreement. For the avoidance of doubt, the cancellation period shall commence only when M-Gas notifies the Customer that the criteria set out in clause 2.1 have been met.

2.5. The Customer agrees that at no time shall he/she become the owner or claim any legal right to possess any Equipment supplied by M-Gas and that for all purposes of the Agreement M-Gas shall be deemed to be the legal owner of all Equipment, regardless of whether it is located on the Customer’s premises, and that this condition shall also apply to the Stove until such time as M-Gas has been paid by the Customer the purchase price of the Stove.

3. M-Gas Responsibilities

3.1. M-Gas promises to provide the Customer with the following Services:

3.1.1. Subject to clause 3.2, M-Gas will deliver the equipment using the Address provided by the Customer, and, if applicable, will remove the gas cylinders already supplied by M-Gas to the Customer (Replacement Service);

3.1.2. will provide instructions and training to the Customer on how to use the equipment safely, and if the Customer complies, will help reduce costs;

3.1.3. will provide a service number for the Customer to call if the Customer fails to use the Device as intended or the Customer has questions or challenges regarding the Device or Service; and

3.1.4. It will ensure that M-Gas Employees who visit the Customer will have a document identifying them as M-Gas employees (and each M-Gas Employee will be instructed to show an identification document when requested by the Customer).

3.2. M-Gas aims to ensure that the Customer has a gas cylinder at all times and that an M-Gas employee will inspect the equipment each time he or she visits the Customer to change the gas cylinder.

3.3. M-Gas will endeavour to comply with all licensing, health and safety requirements that may apply to M-Gas Personnel when visiting the Customer, but M-Gas shall not be liable under the Agreement if, as a result of such compliance, it breaches its other obligations under the Agreement.

3.4. If changes to the Service are required due to changes in applicable laws, regulations or rules from time to time or to meet security or other operational requirements, M-Gas may (at its sole discretion) modify the Service as it deems appropriate to take into account changes in applicable laws or regulations or to meet such security or other operational requirements, or by giving notice to the Customer to cease providing the Service to him.

3.5. M-Gas will provide maintenance services to the Customer in accordance with clause 7.

4. Customer Responsibilities

4.1. The Customer undertakes to M-Gas that:

4.1.1. will use the Equipment and stove (whether provided by M-Gas or owned by the Customer) in accordance with the instructions and training provided by M-Gas from time to time, which includes (without limitation) the following conditions:

a) will only use equipment for cooking food or drinks;

b) will use the Equipment only in a well-ventilated area;

c) maintain and protect the appliance, including (without limitation) cleaning the stove after use and performing a thorough cleaning at least once a week;

d) will not allow any child or adult who has not been trained and/or instructed by M-Gas to use the Device;

e) shall use the device when it is away from any flammable object; and

f) will use the stove placed higher than the gas cylinder;

4.1.2. will not alter, modify, tamper with, destroy, move or dispose of any equipment or part of the device, or attempt to disconnect any part of the device;

4.1.3. will not sell, lend, rent, gift, donate or transfer the device or part of the device to any person;

4.1.4. will not sell gas to any other person (including, without limitation, making the device available for their use);

4.1.5. will not provide any warranty or other restriction regarding the device or any part thereof;

4.1.6. shall cease using the appliance and the Stove if the Customer suspects or knows that the appliance or the stove (or any part thereof) is not working properly (including, without limitation, if the Customer is able to obtain gas without paying for it) and report the matter to the M-Gas Company as soon as possible;

4.1.7. will be at his/her location on the date and time notified by M-Gas to facilitate the Replacement Service, will provide the Address to M-Gas Staff for the purpose of replacing the gas cylinder, the staff will inspect and test the cooking appliance, answer the customer’s questions and assist with other related tasks. If the Customer is not at the Address on the agreed date and time, the Customer must notify M-Gas immediately;

4.1.8. will report to the M-Gas Company if the Customer loses or breaks the activation card or if the device has been moved from the Customer’s Address;

4.1.9. will use the cooking appliance regularly;

4.1.10. will cooperate with M-Gas in matters relating to the Service, including, without limitation, returning the device in all circumstances where M-Gas requires the Customer to return the device or part of the device, or allowing M-Gas to collect the device from the Customer;

4.1.11. shall provide M-Gas Company with all information and documents when required in relation to the services, and ensure that the information and documents provided are accurate and complete;

4.1.12. will not change the location from the Address or house that the Customer notified M-Gas at or around the time M-Gas delivers the equipment to the Customer;

4.1.13. will not change the telephone number provided to M-Gas at or around the time M-Gas delivers the device to the Customer;

4.1.14. will not disclose to any person confidential information about the business, affairs, customers or suppliers of M-Gas; and

4.1.15. will not allow any other person to do any acts prohibited by this section 4.1.

4.2. By using the Device, the Customer understands that breach of clause 4.1 may result in financial loss and damage to M-Gas. If the Customer breaches clause 4.2 (including, without limitation, by removing, or destroying any Device or part thereof), by doing so the Customer agrees to pay M-Gas, if required to do so as determined by M-Gas and notified to the Customer in a timely manner and without notice, an amount equal to the replacement value of the Device or part in question as compensation for the Customer’s wrongful acts.

5. Gas payment for M-Gas

5.1. In consideration of the provision of the Service by M-Gas to the Customer, the Customer shall pay M-Gas in accordance with these Terms and Conditions.

5.2. The Customer shall make payments to M-Gas using mixx by yas (payment number: 501166) or Airtel Money (select number 44) and M-Gas shall accept payments from the Customer using these methods only.

5.3. The Customer shall never be required to make any payment (in cash or otherwise) directly to any M-Gas Employee or to any other person or payment account, and no M-Gas Employee shall ask the Customer to make a payment directly to them. If the Customer is asked to make a payment directly to an M-Gas Employee or to any other payment account, the Customer must refuse to make such payment and immediately call the M-Gas customer service number 800750382 to explain the incident.

5.4. The Customer shall purchase from M-Gas and M-Gas shall sell to the Customer gas in the appliance at a price of TSh.5,400 per 300 grams of gas excluding VAT. M-Gas has the right to change the price of gas (including, without limitation, by providing a discount on the price of gas to the Customer) and shall provide notice of any price change and/or discount to the Customer via the M-Gas Website and/or by short message service (SMS) or via the telephone number provided by the Customer.

5.5. The Customer shall make an initial payment of Tsh. 5,000 to M-Gas as the first gas payment (Gas Down Payment). Each time M-Gas receives a gas payment from the Customer, M-Gas shall debit the Customer’s account with such amount, which the Customer shall use to purchase gas at the applicable rate as set out from time to time in clause 5.4.

5.6. If the Customer becomes aware or suspects that gas may have been dispensed from a cylinder without payment, in accordance with clause 5.5, the Customer must notify M-Gas immediately. Unless otherwise agreed by an M-Gas authorized person, the Customer shall claim from M-Gas an amount equal to the cost of the gas dispensed (as determined by M-Gas in its sole discretion) free of charge (the “Remaining Gas Amount”).

5:7. If the Customer loses the activation card, the Customer shall notify M-Gas immediately. M-Gas may charge the Customer TSh. 1,500 for a replacement activation card, and shall issue a replacement card to the Customer upon receipt of payment of such amount.

5.8. Where M-Gas takes possession of the appliance from the Customer, it shall also have the right to take possession of the Cooker. At this time, the Customer shall be entitled to retain possession of the Cooker provided that he pays M-Gas the full amount of the Purchase Price and any outstanding Purchase Price Amount, which shall mean that when the Customer completes the purchase of the Cooker and pays the full purchase price, the Cooker shall not be taken by M-Gas. Where M-Gas takes possession of the Cooker from the Customer, the Customer shall not be entitled to a refund of any monies already paid to M-Gas as the full purchase price of the Cooker, and M-Gas shall not be liable to refund any such payment to the Customer.

5.9. M-Gas, after giving 5 days’ notice to the Customer, may:

5.9.1. take an amount equal to the Remaining Amount by deducting that amount of Tanzanian Shillings paid by the Customer to purchase gas from M-Gas which remains as the balance deposited by the Customer in his account with M-Gas;

5.9.2. where clause 11.2 applies, to recover the cost of repairs or replacement of the equipment by deducting from any balance held by the Customer in his account with M-Gas; and

5.9.3. to indemnify any liability of M-Gas to the Customer against any liability of the Customer to M-Gas, whether present or future, discharged or undischarged, and whether the liability arises under the Agreement or not.

6.Stove Sales and Purchase

6.1. M-Gas will sell, and the Customer will purchase, the Stove in accordance with this clause 6.

6.2. Where the Customer elects to purchase a Stove by selecting Option A or C (Outright purchase of a new or refurbished stove) in the Contract, then:

6.2.1. upon signing the Agreement, the Customer shall make a one-time payment to M-Gas of the purchase price of TSh. 70,000 (including VAT) for a new stove or TSh. 35,000 (including VAT) for a refurbished stove;

6.2.2. The risk in the Kitchen will be under the Customer after delivery:

6.2.3. M-Gas shall have title to the Stove, and the Stove shall become subject to the Customer after (i) M-Gas has received from the Customer TSh. 70,000 where the Customer purchases a new stove or TSh. 35,000 where the Customer purchases a refurbished stove after paying the one-off purchase price, and (ii) Delivery of the Stove to the Customer has taken place; and

6.2.4. References to equipment in these Terms shall be deemed to include the Stove supplied by M-Gas until such time as the Customer has rights to the stove in accordance with clause 6.2.3.

6.3. Where the Customer elects to purchase a Stove by selecting Option B or D (Purchase of a new or refurbished stove through installment payments) in the Agreement, then:

6.3.1. The total amount payable by the Customer will be:

a) TSh. 7,500 for a new Stove (including VAT) or TSh. 3,750 for a manufactured stove which will be paid by the Customer to M-Gas after

signing the Agreement; and

b) in accordance with clause 7, payment of the purchase price in instalments of TSh. 750 (including VAT) (each, the Purchase Price Instalment of

Purchase Price) shall be paid by the Customer to M-Gas on a weekly basis until the Customer has paid TSh. 85,500 (including VAT) from the full Purchase Price instalment payment of the new stove or TSh. 42,750 (including VAT) in total from the Purchase Price instalment payment of the new stove. The Customer shall pay the Purchase Price Instalment Payment on Monday (or such other day of the week as notified by M-Gas to the Customer) of each week (Payment Day);

6.3.2. The warranty on the stove will be the responsibility of the customer upon delivery;

6.3.3. M-Gas shall have title to the Stove, and the Stove shall become subject to the Customer immediately upon M-Gas receiving from the Customer (i) the sum of TSh. 85,500 for a new stove or (ii) the sum of TSh. 42,750 for a manufactured stove from the Customer by way of payment of the initial purchase price and instalments of the Purchase Price and (iii) all payments due from the Customer in accordance with clause 7; and

6.3.4. References to equipment in these Terms shall be deemed to include the Stove supplied by M-Gas until such time as the Customer has rights to the stove in accordance with clause 6.2.3.

6.4. The Customer shall pay the initial purchase price and each Purchase Price Payment to M-Gas using Mixx by yas (payment number: 501166) or Airtel Money (select number 44).

6.5. If the Customer fails to make full payment of the Purchase Price instalment by 23:59 on the Payment Day in any week, M-Gas will deduct an amount equal to the Purchase Price instalment amount from either the next amount that the Customer pays to M-Gas as gas costs or from the Customer’s balance that M-Gas holds in the Customer’s account at that time or both. M-Gas will use the deducted amount to pay the remaining Purchase Price instalment amount. If the amount that the Customer pays as gas costs or if the amount of the Customer’s balance that M-Gas holds in the Customer’s account at that time is less than the value of the remaining Purchase Price Instalment, then M-Gas will deduct the entire amount (if any) paid by the Customer as gas costs and the entire Customer’s balance (if any) that M-Gas holds in the Customer’s account at that time, and M-Gas will use the amount it deducted to pay the remaining purchase price installment payment amount (up to the value of the amount deducted), and the Customer will claim from M-Gas the remaining purchase price installment payment amount (the Remaining Purchase Price Amount).

6.6. Where, at any time the Purchase Price Payment is due by the Customer, the Customer is owed the Purchase Price Amount by M-Gas, the Customer shall be required to pay to M-Gas an amount equal to the Purchase Price Payment instalment and the Purchase Price Amount.

6.8. These terms are set out in the Sale of Goods Act (Cap. 214), to the fullest extent permitted by law, and are not contained in the Agreement.

6.9. If the Customer uses a stove that has not been provided to the Customer by M-Gas, the Customer agrees to use and maintain the stove in accordance with the instructions for use (and in no event shall allow children to use the stove) and M-Gas shall not be liable to the Customer in relation to the use or breakdown or other failure of the stove.

7.Kitchen Repair Service

7.1. M-Gas will provide Maintenance Service to Customers who have decided to purchase a Stove by selecting Option A (Outright Purchase of a New Stove), Option B (Purchase of a New Stove through Installment Payment), Option C (Outright Purchase of a Manufactured Stove), or Option D (Purchase of a Manufactured Stove through Installment Payment) a maximum of two times within a period of two years from the date on which the Customer first agrees to purchase the Stove from M-Gas, in each case in accordance with this clause 7. Maintenance Service is not available to those Customers who have decided to use the Stove from someone other than M-Gas.

7.2. If a new or refurbished Stove has any defect and the Customer notifies M-Gas within one month from the date on which the Customer first agreed to purchase the Stove from M-Gas, M-Gas will take the defective Stove from the Customer and provide the Customer with a replacement Stove that is in working order, and no Maintenance Service Fee will be payable.

7.3. If a new or refurbished Stove has any defect after one month has passed from the date on which the Customer first agrees to purchase the Stove from M-Gas, the Customer shall notify M-Gas of the defect, whereupon M-Gas shall provide a repair Service in accordance with the following provisions of this clause 7.

7.4. Where the Customer notifies M-Gas that the new or refurbished Stove provided to him is defective after one month has elapsed from the date on which the Customer agrees to purchase the Stove from M-Gas, M-Gas will take the defective Stove from the Customer and will provide a new or refurbished Stove (as the case may be) to the Customer where the Customer will be liable to pay a maintenance Service fee of Tsh. 4,500 (including VAT) (Maintenance Service Fee).

7.5. Where the Customer has decided to purchase a Stove by selecting Option A or C (Outright purchase of a new or refurbished stove) in the Contract, then the Customer will pay the Maintenance Service Fee in one installment, which will be payable immediately and which must be paid in full by the Customer before M-Gas provides the Maintenance Service.

7.6. Where the Customer has decided to purchase a Stove by selecting Option B or D (Purchase of a new or refurbished stove through instalment payments) in the Agreement, then the Customer shall pay the Maintenance Service Fee in eight instalments totalling Tsh. 562.50 each. The parties agree that at any time where the Maintenance Service Fee or any part thereof remains outstanding, then all amounts received by M-Gas from the Customer other than gas contributions shall be deemed to be payment and shall be applied as Maintenance Service Fee with priority to the payment of any instalment of the Purchase Price.

7.7. In all cases, the Customer shall pay the Maintenance Service Fee using Mixx by yas (payment number: 501166) or Airtel Money (select number 44).

8.Customer Information

8.1. In order to enable M-Gas to fulfil its contractual obligations under the Agreement or for any other legitimate purposes as prescribed by the Personal Information Protection Act of 2022, any regulations hereunder and any other applicable laws (Data Protection Laws), M-Gas needs to process the Customer’s Personal Information (defined below) for purposes which include the following:

8.1.1. process requests for products and services, make payments, transactions, collect equipment and Stoves from the Customer or authorized M-Gas agents where necessary, and complete Customer instructions or requests;

8.1.2. provide products and services to the Customer, including Maintenance Services, Equipment Replacement Services and other Services;

8.1.3. to assess the suitability of other products and services;

8.1.4. credit assessment, including conducting credit checks and setting credit limits and obtaining credit information;

8.1.5. to advertise new and existing products and services;

8.1.6. business analysis, research, and statistical purposes;

8.1.7. to comply with legal, governmental or regulatory requirements or for the use of M-Gas’ legal advisors in connection with any current or anticipated legal proceedings;

8.1.8. CCTV monitoring of M-Gas business premises to make them safe;

8.1.9. provide confidential information (which does not contain any information that can identify the Client as an individual) to third parties including for research and scientific purposes;

8.1.10. enable M-Gas and agents to assess, monitor and measure emissions reductions, as well as any other rights related to environmental products, that may be obtained from the use of the Device; and

8.1.11. management of online platforms or M-Gas websites.

8.2. The Customer hereby consents to M-Gas (i) collecting, processing and storing the Customer’s information including his/her personal information (Customer’s Personal Information) and to M-Gas (ii) appointing processors to process the Customer’s Personal Information in order to fulfill or properly perform its contractual obligations with the Customer and also for any legitimate business purposes.

8.3. The Customer has rights under the Data Protection Laws and M-Gas will ensure that the collection, processing, storage and transfer of personal information is carried out in accordance with the Data Protection Laws and the M-Gas Data Protection Policy which is available on the M-Gas Website.

8.4. M-Gas may choose to appoint sub-processors and will do so in accordance with the Data Protection Laws. A preliminary list of approved sub-processors is available on the M-Gas Website which will be updated. If M-Gas appoints additional or alternative sub-processors it will be required to update its website accordingly and the Customer will have the right to object to processing by additional or alternative sub-processors in accordance with the Data Protection Laws (if the Customer’s Personal Information is processed for advertising purposes). If the Customer restricts the processor’s ability and/or the means of processing his/her information, M-Gas has the right to stop providing the Services and may, by giving notice to the Customer, terminate its relationship with the Customer and take all necessary steps for M-Gas to recover any monies owed to M-Gas including the Equipment and the Stove.

8.5. The Customer agrees that M-Gas may store and/or transfer his/her Personal Information outside of Tanzania and the Customer hereby agrees that M-Gas may store and/or transfer his/her Personal Information outside of Tanzania in accordance with the Data Protection Laws.

8.6 Where the Customer provides personal information of an alternate contact person to M-Gas, the Customer confirms that (i) he/she is authorized by the alternate person to provide his/her personal information to M-Gas for the purpose of fulfilling his/her obligations or exercising his/her rights under the Agreement, (ii) the alternate person is aware that the purpose of the Customer providing the alternate person’s personal information to M-Gas is as set out in clause 8.1 and (iii) the alternate contact person to M-Gas has confirmed to the Customer that he/she consents to his/her personal information being used by M-Gas.

9.Limitation of Liability

9.1. M-Gas shall not be liable to the Customer, whether in contract or otherwise, for breach of any legal or other obligation arising under these Terms or otherwise in connection with its relationship with the Customer for any loss of profits or anticipated savings, loss of sales or business, loss of contracts, loss or damage to goodwill, or any indirect or consequential loss.

9.2. M-Gas shall not be liable to the Customer, to the maximum extent permitted by law, for any losses or costs arising from or in connection with

9.2.1 A Customer who uses, or allows another person to use, the appliance or the Kitchen (or any part thereof) in a manner different from the instructions and/or training provided to him/her;

9.2.2. The Customer otherwise breaches the Agreement (including the obligations contained in clause 4).

9.3. M-Gas’ total liability to the Customer, whether in contract or otherwise, for breach of statutory or other obligations under these Terms or otherwise in connection with its relationship with the Customer, shall be limited to the total value of the gas payments made by the Customer to M-Gas for the six-month period preceding the date of the notice of claim submitted by the Customer to M-Gas.

10. Force Majeure and matters beyond the control of both parties

10.1. For the purposes of these Terms, Force Majeure Event means any event beyond the reasonable control of any party to this Agreement, including acts of God, flood, drought, earthquake or other natural disaster; epidemic or outbreak of disease; terrorist attack, civil war, civil commotion or riot, war, threat or preparation for war, armed conflict, embargo, or severance of diplomatic relations; nuclear, chemical or biological contamination or noise pollution; any law or action taken by a government or public authority, including any import or export embargo, prohibition, or failure to grant any necessary permit, license or approval; building collapse, fire, explosion or any trade dispute, strikes, industrial action or lockout; industrial action by suppliers or subcontractors; and disruption or failure of telecommunications and/or mobile money services. For the purposes of these Terms, the party affected by an Uncontrollable Event shall be referred to as the “Affected Party”.

10.2. If either party is prevented or delayed from performing any of its obligations under these Terms due to a Force Majeure Event, that party shall not be in breach of these Terms and shall not be liable for any failure to perform such obligations.

10.3. After the occurrence of an Uncontrollable Event, the Affected Party shall make reasonable efforts to notify the other party of the Event by any written or electronic means, except that M-Gas shall provide notice of the Uncontrollable Event by television, radio, newspaper or by posting a notice on the M-Gas Website. The Affected Party shall indicate in its notice how long the Uncontrollable Event is expected to last and the impact of the Event on the Affected Party’s ability to perform any of its obligations under these Terms. The Affected Party shall also take reasonable steps to minimize the impact of the Event on the performance of its obligations under these Terms.

10.4. If an Uncontrollable Event prevents or delays the performance of the Affected Party’s obligations for a continuous period of more than two weeks, the Affected Party may terminate its relationship with the other party by giving notice.

11.Breach of Contract

11.1. The Customer may terminate his/her relationship with M-Gas at any time by returning the Equipment to M-Gas at the M-Gas address during business hours (provided that an authorized M-Gas employee has agreed to receive the Equipment) or in another manner agreed upon by M-Gas. Any Equipment returned to M-Gas must be clean, well maintained and in good working order.

11.2. If any Equipment returned by the Customer to M-Gas after termination of the Customer’s relationship with M-Gas is no longer suitable for use by another Customer (as determined by M-Gas in its sole discretion), the Customer shall be liable to M-Gas for the cost of repairs or replacement Equipment, less any reasonable deductions for wear and tear or damage to the Equipment (if any).

11.4. After giving notice to the Customer, M-Gas may, at any time, cease providing the Service and (either itself or through an agent) take the necessary steps to recover the Equipment from the Customer.

11.3. If at any time:

11.3.1. The Customer breaches its obligations as set out in the Agreement;

11.3.2. M-Gas’ performance of its Services in accordance with the Agreement is prevented or delayed by any act or omission of the Customer; or

11.3.3. The Customer is unable to pay its debts as they are due or has been declared bankrupt, or an application has been made to court or an order has been issued or any other action has been taken against the Customer,

M-Gas may discontinue providing the Services and may, by notice to the Customer, terminate its relationship with the Customer and take all steps necessary for M-Gas to recover any monies owed by M-Gas including the Appliances and Stove from the Customer.

11.4. After the relationship between M-Gas and the Customer is terminated in accordance with these Terms, the Customer shall immediately return the Equipment to M-Gas, or arrange for M-Gas to collect the Equipment or otherwise have the Equipment returned to M-Gas.

12. Ownership of Carbon Credits

I understand that the proceeds from the sale of Carbon Credits are used to support the purchase and distribution of the Equipment. In accordance with Tanzanian laws on the purchase and distribution of carbon credits, the Customer agrees to transfer to M-Gas all of its rights relating to the reduction of carbon emissions, as well as any other environmental benefits derived from the use of the Equipment.

1.

13.Total

13.1. The relationship between M-Gas and the Customer is personal to the Customer, and the Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or otherwise deal with any of its rights and obligations under these Terms. M-Gas may at any time assign, mortgage, charge, declare a trust over or otherwise deal with any or all of its rights in the relationship between M-Gas and the Customer or under these Terms, and may enter into any agreement for its obligations as set out in these Terms.

13.2. M-Gas may amend the terms of these Terms at any time, and the Customer shall be deemed to have understood and accepted any amended Terms by continuing to use the Service after the amendment, provided that such amendment has been approved by the relevant authorities including the Tanzania Competition Commission.

13.3. In the event of any conflict or inconsistency between these Terms and the document known as ‘My Agreement with M-Gas’, these Terms and Conditions shall prevail.

13.4. A waiver of any right or remedy under the Agreement or by law is only effective if made in writing and shall not be deemed a waiver of any subsequent right or remedy. The failure or delay of M-Gas to exercise any right or remedy provided under the Agreement or by law shall not constitute a waiver of that right or any other right or remedy, nor shall it prevent or restrict any further exercise of that right or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall preclude any further exercise of that right or any other right or remedy.

13.5. If any provision or part of the Agreement or these Terms is invalid, illegal or unenforceable, it shall be deemed to be severed, but shall not affect the validity and enforceability of the remainder of the Agreement or these Terms. Similarly, if any provision or part of the Agreement or these Terms is deemed to be severed, any continued use by Customer of the Services shall be deemed to be an agreement and that such provision shall be deemed to be superseded by a provision that, to a greater extent, achieves the intended commercial results of the original provision.

13.6. The Agreement constitutes the entire agreement between M-Gas and the Customer and supersedes and extinguishes all prior agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, with respect to the subject matter hereof.

13.7. The Agreement establishes the relationship between M-Gas and the Customer, and that relationship does not create any right for any third party to enforce the provisions of these Terms. Notwithstanding that M-Gas may not be the legal owner of the Device, the Customer acknowledges that, to the extent that the Device is not legally owned by M-Gas, M-Gas is authorized by the relevant legal owner of the Device to deliver the Device to the Customer and is authorized to take possession of the Device in accordance with these Terms.

13.8. The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or any matter or occurrence thereof shall be governed by and construed in accordance with the laws of Tanzania.

13.9. M-Gas and the Customer agree that the courts of Tanzania shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or any matter or occurrence thereof.