The provisions of this Annex shall supplement the M-Gas online terms and conditions as published on https://mgas.ke/ (the “Terms and Conditions”). Terms and expressions defined in the Terms and Conditions shall have the same meaning wherever such terms and expressions are used in these terms.
1. Time Based Cooking Tariffs
1.1 M-Gas may from time to time allow selected Customers, at its discretion, to purchase LPG for a fixed price with such LPG being utilised within limited periods of time stated in minutes (each, a Cooking Minute). M-Gas reserves the right to amend or cancel the terms of provision of Time-Based Cooking Tariffs at any time, including without notice to any Customers.
1.2 Customers who wish to purchase any Cooking Minutes from M-Gas shall meet certain conditions determined by M-Gas, including that the Customer has at the time of purchase a minimum credit balance sufficient to purchase the relevant Cooking Minutes and shall have at least 2 kilograms of LPG in the LPG cylinder which has been delivered to the Customer’s Address.
1.3 Each Cooking Minute shall only be valid for a limited period of time as may be communicated by M-Gas to the Customer (the Valid For Window), after which any unused Cooking Minutes shall expire and will not be available for further use.
1.4 M-Gas may communicate further details and additional terms and conditions for purchasing Cooking Minutes to the Customers. M-Gas may notify a Customer of (i) the amount of Cooking Minutes that they have purchased; (ii) the applicable Valid For Window; and (iii) when the Cooking Minutes have been used up or the Valid For Window has expired.
1.4 A Customer may cook several times at different intervals all within the Valid For Window, provided that the Customer shall not exceed the relevant Cooking Minutes or utilise more than 1 kilogram of LPG within each Valid For Window.
1.5 Upon the earlier of the Customer having cooked for the full period of time as specified in the relevant Cooking Minutes, or the Valid For Window expiring, the Customer may purchase LPG in the manner stipulated in clause 5.4 or purchase more Cooking Minutes.
1.6 Where Customers have not, within the relevant Valid For Window, utilised Cooking Minutes fully within the time specified they must first use up those Cooking Minutes before they may purchase any new Cooking Minutes.
1.7 If the Customer is unable to cook with the M-Gas Equipment during the Valid For Window, the Customer shall notify M-Gas of the Customer’s inability to cook and M-Gas may, at its discretion, reimburse the Customer an amount of money equivalent to the unutilised Cooking Minutes.
1.8 Fair Usage Limit
1.8.1 Each Cooking Minutes is designed to provide a certain amount of LPG to the Customer for use over a specific number of minutes (“LPG Consumption Limit per Cooking Minute”)
1.8.2 To ensure equitable access to Time-Based Cooking Minutes, each Customer shall be subject to a standard cooking limit of 1 kilogram of LPG per Cooking Minutes.
1.8.3 M-Gas may, at its sole discretion, limit or withhold access to Time-Based Cooking Minutes for certain Customers based on their past LPG consumption patterns, particularly their average gas flow rates in grams per minute.
1.8.4 Where a Customer’s LPG usage patterns consistently exceed typical LPG usage levels or fall outside the expected parameters for Cooking Minutes, M-Gas may, from time to time:
a) Lower the applicable LPG Consumption Limit per Cooking Minutes; and/or
b) Restrict access to future Cooking Minutes purchases for a specified period.
Customers who are affected by adjustments under Clause 1.8.4 will be notified via SMS or in-app message, and the new usage limits shall take effect immediately upon such notification.
1.8.5 The Cooking Minutes shall be considered as fully exhausted once the allocated LPG amount is used up by the Customer, regardless of the time remaining. In such a case, where a Customer exceeds their allocated LPG usage, no refunds shall be issued for unused portions of the Cooking Minutes, and the Cooking Minutes shall be deemed fully consumed upon reaching the LPG usage threshold.
2. Rewards for Customers
2.1. M-Gas may from time to time implement promotions or reward programs to benefit certain Customers whose usage of the Equipment and payments to M-Gas meet certain criteria as determined by M-Gas in its discretion. M-Gas reserves the right to amend the terms of or cancel any such promotions or reward programs at any time, including without notice to any Customers, and at which time any reward which has not been paid or delivered to the relevant Customer shall be forfeited by that Customer at that time.
2.2. M-Gas may communicate to the Customers further details and additional terms and conditions of any such promotions or programs. M-Gas may contact a Customer to inform them that they qualify to earn a reward under such promotion or program.
2.3. Where as part of any such promotion or reward program the Customer is required to complete or undertake something within a period of 1 day, this shall be calculated on the relevant date from and including 00:00 hours and to and including 23:59 hours.