Terms of Use

Last updated: June 2026 · Governed by the laws of the Republic of South Africa

Please read these Terms of Use carefully before using this website or engaging with SGM New Energy in respect of any of its services. By accessing this website or submitting any enquiry, you confirm that you have read, understood, and agree to be bound by these Terms of Use in their entirety. If you do not agree with any part of these Terms, you must cease use of this website immediately.

1. About SGM New Energy

SGM New Energy (Pty) Ltd ("SGM New Energy", "the Company", "we", "us", "our") is a legally registered company based in Cape Town, South Africa. The Company operates across four principal service lines:

Energy efficiency solutions, including the Smart Electricity Saver device for residential and commercial applications
International gold trading — supply of African Gold Doré to qualified international buyers
Project funding facilitation for energy, infrastructure, and sustainable development projects
Fuel supply solutions for industrial and commercial operations

These Terms of Use govern your access to and use of the SGM New Energy website located at sgmnewenergy.co.za and all associated pages, content, and services (collectively, "the Website").

2. Acceptance of Terms

By accessing or using this Website, submitting an enquiry, uploading documents, or otherwise engaging with SGM New Energy, you ("the User", "you", "your") agree to be legally bound by these Terms of Use, our Privacy Policy, and our Cookies Policy, each of which is incorporated herein by reference.

If you are accessing or using this Website on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use, and references to "you" include that entity.

3. Website Use and Acceptable Conduct

You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of any third party. You must not:

Use the Website in any way that violates any applicable local, national, or international law or regulation
Transmit any unsolicited or unauthorised advertising or promotional material
Impersonate any person or entity, or misrepresent your identity, affiliation, or authority
Attempt to gain unauthorised access to any part of the Website, our servers, or any system or network connected to the Website
Use the Website to transmit any malicious code, viruses, trojans, worms, or other harmful software
Harvest, scrape, or collect data from this Website without our prior written consent
Engage in any conduct that is fraudulent, deceptive, or misleading, including misrepresenting your financial capacity or status for the purpose of obtaining gold, funding, or any other service
Use the Website for money laundering, terrorism financing, or any other criminal activity

4. Energy Solutions — Smart Electricity Saver

4.1 Nature of the Product

The Smart Electricity Saver is an energy efficiency device designed to reduce electricity consumption and, in commercial applications, to eliminate or reduce power factor penalty charges. Information provided on this Website regarding the device, its operation, and its benefits is for general informational purposes only.

4.2 Results Disclaimer

Energy savings, cost reductions, and performance improvements described or referenced on this Website are indicative estimates based on general application scenarios. Actual results will vary depending on the specific electrical characteristics of your installation, your usage patterns, the condition of your existing electrical infrastructure, and other site-specific factors. No specific saving, reduction, or return on investment is guaranteed.

4.3 Professional Assessment

The information on this Website does not constitute professional electrical, engineering, or technical advice. Prior to purchasing or installing any energy product, you should obtain an independent professional assessment of your electrical installation from a qualified and registered electrician or electrical engineer.

4.4 Installation

All electrical installations must be carried out by a qualified, registered electrical contractor in accordance with the South African National Standard SANS 10142 (Wiring of Premises) and all other applicable regulations and by-laws. SGM New Energy accepts no responsibility for any damage, injury, loss, or non-performance arising from installation carried out by unqualified persons or in contravention of applicable standards.

4.5 Warranty

Product warranty terms are governed by the specific warranty documentation provided at the time of purchase. SGM New Energy makes no additional warranty representations beyond those contained in the applicable product documentation.

5. Gold Trading

5.1 Not Financial or Investment Advice

All content on this Website relating to gold trading, including pricing information, transaction structures, and market commentary, is provided for general informational and commercial reference purposes only. Nothing on this Website constitutes financial advice, investment advice, commodity trading advice, or a recommendation to enter into any transaction. You should obtain independent financial, legal, and regulatory advice from qualified professionals before entering into any gold transaction.

5.2 Indicative Pricing Only

Any gold price displayed on this Website, including the live price reference derived from publicly available market data sources, is indicative only. The actual transaction price is determined exclusively by reference to the London Bullion Market Association (LBMA) PM Fix on the date of settlement, less the contractual discount, as set out in the executed Sales and Purchase Agreement. SGM New Energy makes no representation or warranty as to the accuracy, completeness, or timeliness of any price displayed on this Website.

5.3 No Guarantee of Transaction Completion

The submission of an enquiry, the exchange of documentation, or the initiation of any discussion does not constitute a binding offer, acceptance, or agreement to transact. All transactions are subject to the successful execution of a formal Sales and Purchase Agreement (SPA), the completion of due diligence and qualification procedures, the satisfactory issuance and verification of the required banking instrument, and compliance with all applicable laws and regulations. SGM New Energy reserves the right to decline any transaction at its sole discretion.

5.4 Buyer Due Diligence

It is the Buyer's sole responsibility to conduct its own independent due diligence on SGM New Energy, the transaction structure, the gold consignment, and all other relevant aspects of any proposed transaction. The exchange of Company Information Sheets, documentation, and other information during the transaction process does not constitute a waiver of this obligation.

5.5 AML/KYC Compliance

All gold trading transactions are subject to strict Anti-Money Laundering (AML) and Know Your Customer (KYC) verification procedures in accordance with applicable South African and international law, including the Financial Intelligence Centre Act (FICA). By submitting a gold trading enquiry, you agree to provide all documentation required for AML/KYC verification and warrant that all funds and instruments used in connection with any transaction are from legitimate sources.

5.6 Import Compliance and Regulatory Obligations

It is the sole responsibility of the Buyer to ensure compliance with all laws, regulations, permits, licences, and approvals applicable to the importation of gold into the Buyer's country of domicile or the agreed destination country. This includes, without limitation, obtaining a valid gold import licence, paying all applicable duties and taxes, and complying with all customs and regulatory requirements. SGM New Energy accepts no responsibility for any failure by the Buyer to comply with applicable import regulations.

5.7 Fraud Warning

Important: The international gold market is frequently targeted by fraudulent actors. Fraudulent offers typically involve unrealistically low prices, advance fee demands, or implausible transaction structures. SGM New Energy will never request advance payment, and will only transact on the terms described on this Website and in our executed Sales and Purchase Agreements. If you receive any communication purporting to be from SGM New Energy that deviates from these terms, you should treat it as potentially fraudulent and contact us directly to verify. SGM New Energy accepts no liability for losses arising from fraudulent misrepresentation by third parties purporting to act on our behalf.

5.8 Banking Instruments

The Buyer is solely responsible for all costs, fees, and charges associated with the issuance, maintenance, and management of any banking instrument (including Standby Letters of Credit issued via SWIFT MT760 or SWIFT MT542) required under the Sales and Purchase Agreement. SGM New Energy makes no representation regarding the availability, cost, or terms on which any banking institution will issue such instruments.

5.9 Delivery and Risk

Unless otherwise agreed in writing in the Sales and Purchase Agreement, all gold is supplied on a CIP (Carriage and Insurance Paid) basis in accordance with Incoterms® 2020. Risk in the goods passes in accordance with the agreed Incoterm. SGM New Energy's liability in respect of delivery is limited to the terms expressly set out in the executed Sales and Purchase Agreement.

6. Project Funding

6.1 No Guarantee of Funding

Information on this Website regarding project funding facilitation is provided for general informational purposes only. SGM New Energy does not itself provide loans, credit facilities, or investment capital. Where funding facilitation services are offered, they involve referral or introduction to third-party funding sources. The provision of funding is subject to independent assessment and approval by the relevant funding provider and is not guaranteed.

6.2 No Financial Advice

Nothing on this Website constitutes financial, credit, or investment advice in relation to project funding. You should seek independent financial and legal advice before making any decisions in relation to project funding or financing arrangements.

6.3 Third-Party Funders

SGM New Energy acts as a facilitator only and is not responsible for the terms, conditions, decisions, or conduct of any third-party funding provider. Any funding agreement will be between you and the relevant third-party funder, and you should carefully review all terms before entering into any such agreement.

7. Fuel Solutions

7.1 Price Fluctuations

Fuel prices are subject to market fluctuation and are determined by reference to prevailing market prices at the time of order confirmation. Any pricing information displayed on this Website is indicative only and is subject to change without notice. Binding pricing will only be confirmed in a formal written supply agreement.

7.2 Availability

Fuel supply is subject to availability and to the terms of the applicable supply agreement. SGM New Energy does not guarantee the availability of any fuel type or quantity at any given time.

7.3 Compliance

It is the Buyer's responsibility to ensure compliance with all applicable laws and regulations governing the purchase, storage, handling, and use of fuel in their jurisdiction.

8. Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, icons, audio clips, digital downloads, data compilations, and software, is the property of SGM New Energy or its content suppliers and is protected by South African and international copyright, trademark, and other intellectual property laws.

You may access and view the content of this Website for your own personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from this Website without the prior written consent of SGM New Energy.

9. Disclaimer of Warranties

This Website and all content, products, and services made available through it are provided on an "as is" and "as available" basis without any warranty of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by applicable law, SGM New Energy expressly disclaims all warranties, including but not limited to:

Warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that the Website will be uninterrupted, error-free, or free from viruses or other harmful components
Warranties as to the accuracy, completeness, reliability, or timeliness of any content on the Website, including indicative pricing data
Warranties that any specific result, saving, return, or outcome will be achieved in connection with any of our services

10. Limitation of Liability

To the fullest extent permitted by applicable law, SGM New Energy, its directors, officers, employees, agents, contractors, successors, and assigns shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with:

Your use of, or inability to use, this Website or its content
Any transaction entered into, or not entered into, in connection with any service offered by SGM New Energy
Any inaccuracy or incompleteness of pricing or market data displayed on the Website
Any unauthorised access to or alteration of your data or communications
Any third-party conduct, including fraudulent misrepresentation by persons purporting to act on behalf of SGM New Energy
Any loss of profit, revenue, business, goodwill, data, or anticipated savings

Where liability cannot be excluded by law, our total cumulative liability to you in respect of any claim shall not exceed the greater of (i) the amount actually paid by you to SGM New Energy in respect of the specific service giving rise to the claim in the twelve (12) months preceding the claim, or (ii) ZAR 1,000 (one thousand Rand).

11. Indemnification

You agree to defend, indemnify, and hold harmless SGM New Energy and its directors, officers, employees, agents, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or in connection with:

Your use of or access to this Website
Your violation of these Terms of Use
Your violation of any applicable law, regulation, or third-party right
Any misrepresentation made by you in connection with any enquiry or transaction
Your failure to comply with AML/KYC requirements or import/export regulations

12. No Professional Advice

Nothing on this Website constitutes legal, financial, investment, tax, accounting, engineering, electrical, or any other form of professional advice. The content is provided for general informational and commercial reference purposes only. You should always seek the advice of qualified and registered professionals before making any decisions relating to your legal, financial, tax, engineering, or other professional affairs.

13. Third-Party Links

This Website may contain links to third-party websites. These links are provided solely for your convenience. SGM New Energy has no control over the content, privacy policies, or practices of any third-party website and accepts no responsibility for the content, accuracy, or availability of those websites. The inclusion of a link does not imply any endorsement by SGM New Energy of the linked website or its operators.

14. Privacy and Data Protection

Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. By using this Website, you consent to the processing of your personal information as described in the Privacy Policy.

15. Force Majeure

SGM New Energy shall not be liable for any failure or delay in the performance of its obligations where such failure or delay results from any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government action or inaction, changes in law or regulation, industrial action, power failures, internet outages, failure of third-party service providers, or any other event or circumstance outside the reasonable control of SGM New Energy.

16. Confidentiality

Any information exchanged between you and SGM New Energy in the context of a specific transaction or commercial negotiation may be subject to confidentiality obligations as set out in the relevant Non-Circumvention, Non-Disclosure Agreement (NCNDA) and/or Sales and Purchase Agreement. In the absence of such a formal agreement, you agree not to disclose or use for any purpose other than the intended transaction any confidential information received from SGM New Energy, including but not limited to pricing terms, transaction structures, contact details of counterparties, and commercial terms.

17. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

You irrevocably agree that the courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use, provided that SGM New Energy reserves the right to seek injunctive or other equitable relief in any jurisdiction where it considers it appropriate to do so.

18. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms of Use or any transaction facilitated through this Website, the parties agree to attempt in good faith to resolve the dispute by negotiation within thirty (30) days of one party giving written notice to the other of the dispute.

If the dispute is not resolved by negotiation within that period, either party may refer the dispute to mediation under the auspices of the Arbitration Foundation of Southern Africa (AFSA) or such other mediation body as the parties may agree. If mediation is unsuccessful, the dispute shall be referred to and finally resolved by arbitration in accordance with the AFSA rules.

19. Severability

If any provision of these Terms of Use is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed from these Terms of Use. The remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms of Use, together with the Privacy Policy, Cookies Policy, and any specific contractual agreement entered into between you and SGM New Energy in relation to a particular transaction or service, constitute the entire agreement between you and SGM New Energy with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings.

21. Amendments

SGM New Energy reserves the right to amend, update, or replace these Terms of Use at any time and at its sole discretion. Any amendments will be posted on this page with an updated revision date and will take effect immediately upon posting. Your continued use of the Website following any such amendment constitutes your acceptance of the revised Terms of Use. It is your responsibility to check this page periodically for changes.

22. Contact

If you have any questions, concerns, or requests regarding these Terms of Use, please contact us:

SGM New Energy (Pty) Ltd
Cape Town, South Africa
Contact Us