These Terms and Conditions govern the use of the VodaPay platform.
Your consent
By using our platform, you consent to our privacy policy.
Changes
If we decide to change these terms and conditions (including our privacy policy), we will post those changes on this App.
Introduction
This App and any related applications is a product and service by Vodacom Payment Services (Pty) Ltd (2007/010688/07) (“VodaPay”).
The word “Tenant” will refer to any partner and/or subsidiary that uses this service to service their clients as a value-added product or refer any client to VodaPay.
The word “Agent” will refer to any service provider and/or partner and/or subsidiary that works in conjunction with VodaPay to provide the services as discussed herein.
VodaPay and this App offers a traffic fine payment service.
The products and services on this App is available to holders of a South African ID only.
The terms of service and conditions herein applies to all electronic services provided by VodaPay (Thus “service” hereinafter will refer to all VodaPay application).
These terms and conditions govern your use of this service; by using this service, you accept these terms and conditions in full.
If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this service.
This service is integrated with third party service providers who are authorised to access information relating to road and traffic infringements issued by the relevant local issuing authority.
All fine information that is furnished to you is received by us from such service providers who in turn obtain it from the local issuing authorities.
Alternatively VodaPay may retrieve this information directly from the relevant local issuing authority.
All licensing and vehicle data is retrieved by us from third party service providers or agents.
As VodaPay is reliant on the information received by it from third parties or the issuing local authority, and has no way of verifying this information independently, VodaPay is not liable or responsible for inaccurate information received by service providers and/or agents and/or issuing local authority.
You expressly authorise and empower us to obtain and/or retrieve the relevant traffic fine information/ data pertaining to yourself or your company (in case of a proxy), from each issuing local authority (either directly or by way of our service providers) in order to provide the service to you. Insofar as may be required in law, the provisions hereof shall constitute a general power of attorney in our favour to act on your behalf for this purpose for current and all future fines.
You will only use the App for your own purposes and not on behalf of any other person or entity. You and all payments initiated by you will comply with all laws, rules, and regulations. You will not use the App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the App.
General
You must be at least 18 years of age to use this service. By using this service and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
This App is governed by the laws of South Africa. The South African courts shall have exclusive jurisdiction in regard to any dispute arising out of this service.
Use
You must not use this service in any way that causes, or may cause:
You must not use this service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not use this service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this service without VodaPay express written consent. You must not use this service to transmit or send unsolicited commercial communications. You must not use this service for any purposes related to marketing without VodaPay express written consent. You may not use this service to collect fines and vehicle administration service data to perform these functions yourself.
VodaPay may at any time disable your user ID and password at its sole discretion without notice or explanation.
Warranties
This service is provided “as is” without any representations or warranties, express or implied. VodaPay makes no representations or warranties in relation to this service or the information and materials provided on this service.
Without prejudice to the generality of the foregoing paragraph, VodaPay does not warrant that:
Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF VODAPAY TO YOU. EACH OF THE SUBCLAUSES BELOW ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED
VodaPay will not be liable to you (whether under the law of contact, the law of delict or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this service: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
VodaPay will not be liable for any incorrect information and/or fine-data. VodaPay will not be liable for any loss or damages suffered by you due to fines that you are unaware of or which do not appear in any quotation or statement provided to you. VodaPay in no way guarantees complete and national coverage. VodaPay will not be liable for any act and/or omission by a Tenant and/or Agent.
These limitations of liability apply even if VodaPay has been expressly advised of the potential loss. By using this service, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable.
You accept that, VodaPay has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against VodaPay officers or employees in respect of any losses you suffer in connection with the service. You agree that the limitations of warranties and liability set out in these terms and conditions will protect VodaPay officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
Without prejudice to VodaPay other rights under these terms and conditions, if you breach these terms and conditions in any way, VodaPay may take such action as they deems appropriate to deal with the breach, including suspending your access to the service, prohibiting you from accessing the service, blocking computers using your IP address from accessing the service, contacting your internet service provider to request that they block your access to the service and/or bringing court proceedings against you.
Your sole and exclusive right and remedy in case of dissatisfaction with the service, or any other grievance in connection with your use of the service, shall be your termination and discontinuation of access to, or use of, the service.
Variation
VodaPay may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this service from the date of the publication of the revised terms and conditions on this service. Please check this page regularly to ensure you are familiar with the current version.
VodaPay may transfer, sub-contract or otherwise deal with VodaPay’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Fees, Payments and Discounts
VodaPay shall furnish you with a quotation reflecting a fixed amount which VodaPay will charge you to procure that your liability in respect of the fine with the relevant the local issuing authorities is discharged inclusive of the fine itself and the services provided by VodaPay to procure such discharge (“settlement amount”). The settlement amount quoted is valid for 7 days only. Once the quotation is accepted by you and the amount is paid by you to VodaPay, VodaPay undertakes to procure that your liability in respect of the fine in question is discharged. If the settlement amount is more or less than the actual cost incurred by VodaPay to procure that your liability in respect of the fine is discharged, then such shortfall or surplus, as the case may be, shall be for the cost or benefit of VodaPay. During the process of providing the services to procure such discharge, but prior to the actual discharge of your liability for the fine, a portion of the settlement amount, as determined by VodaPay acting reasonably, shall be deemed earned by VodaPay, as and when VodaPay completes each step in its process to procure such discharge. Notwithstanding any provision herein, any portion of the settlement amount not already earned as aforesaid, shall, upon discharge of your liability for the fine for any reason (whether through the services of VodaPay or by operation of law) be deemed fully earned by VodaPay.
By accepting the quotation and making payment of the settlement amount to VodaPay, you authorise a representative of VodaPay to act on your behalf in relation to the fine, including to communicate with any relevant person, and to deal with the fine in any manner which VodaPay deems fit for purposes of having your liability in respect of such fine discharged.
Payment of the settlement amount may be made via credit or debit card , coupons’ issued by VodaPay or cash from your VodaPay wallet.
No Admission of Guilt
VodaPay does not provide assistance with NAG fines. As you may be obliged to appear in court to determine the amount of a NAG fine, we suggest that you seek advice from an attorney.
Regarding Companies
The contact person and/or representative of the company warrants that he/she has the full authority to operate the account of the company. The company representative operating this system on behalf of the company warrants that the company agrees to these terms and conditions.
Miscellaneous
Main Municipality receipts may take up to 30working days to reflect. Outside Municipalities can take up to 12 weeks to reflect due to additional procedures. Warrants can take up to a further 30 working days depending on the relevant court. If you are aware that you have an Admin Block against your ID then please advise us so that we can get this cleared off your name. All time period referred to herein are estimates only. VodaPay does not guarantee and will in no way be held liable for the duration in which it takes to discharge any fine.
These terms and conditions together with notices within the service and the applications constitute the entire agreement between you and VodaPay in relation to your use of this service and any application, and supersedes all previous agreements in respect of your use of this service.
When you register on the VodaPay App, you consent to us using your personal information for purposes of sending to you marketing and promotional materials in relation to our products or services. You may manage these communication permissions on the App.
