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Traffic Fines Application Terms and Conditions

  1. Introduction
  • Vodacom Payment Services (Pty) Ltd, a company registered in terms of South African law with registration number: 2007/010688/07 (hereinafter referred to as "VPS") provides an application within its VodaPay Super Application (hereinafter referred to as the "VodaPay App”) that enables you to pay your traffic fines with participating local authorities (the “Service”).
  • You and your refers to you as the user of the fine payment functionality and we, us and our, refers to VPS.
  • 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 VPS.
  • The word “Agent” will refer to any service provider and/or partner and/or subsidiary that works in conjunction with VPS to provide the services as discussed herein.
  1. Qualification
    • The Service is available to holders of a South African ID only.
    • 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.
  2. Acceptance
    • By using the Service you accept these Traffic Fines App Terms and Conditions. You acknowledge you have read and understood these Traffic Fines App Terms and Conditions relating to the Traffic Fines App and agree they will be binding on you. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Traffic Fines App.
  3. Term and Termination
  • These terms and conditions will commence on use of the Service and continue indefinitely, as amended by us from time to time, for so long as the Service is available.
  • We retain the right to amend or terminate these Traffic Fine App Terms and Conditions and/or terminate the Service.
  • We may amend these Traffic Fine Terms and Conditions at our sole discretion and at anytime. VPS will bring material changes to these Traffic Fine App Terms and Conditions to your attention. It remains your responsibility to ensure that you familiarise yourself and understand any changes made to these Traffic Fine App Terms and Conditions.  By continuing to use the Service, you consent to the amended terms and conditions.
  1. The 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 participating 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, VPS 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 VPS 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, VPS is not liable or responsible for any inaccurate information received from or by service providers and/or agents and/or issuing local authority.
    • By using this Service, you expressly authorise us to obtain and/or retrieve the relevant traffic fine information/ data and licensing and vehicles 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 this Service to you. Insofar as may be required in law, you hereby authorise us to act on your behalf to make payment of the fines that are available for purposes of the Service.
    • You will only use the Service 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 as may be applicable. You will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the Service.
  1. Use
     
    • You must not use this Service in any way that causes, or may cause:
      • damage to the VodaPay App, impairment of the availability or accessibility of the VodaPay App; or
      • in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
    • 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 VPS 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 VPS express written consent. You may not use this service to collect fines and vehicle administration service data to perform these functions yourself.
    • VPS may at any time disable your username and password on the VodaPay App at its sole discretion without notice or explanation.
  1. Warranties
    • This service is provided “as is” without any representations or warranties, express or implied. VPS 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, VPS does not warrant that:
      • this service will be constantly available, or
      • available at all;
      • nothing on this service constitutes, or
      • is meant to constitute, advice of any kind.
  • You warrant that:
    • you own or otherwise control all rights required to any and all content / personal information that you may submit to the Service;
    • any use of such content / personal information will not cause injury or harm to any person or entity, including VPS; and
    • you will indemnify VPS and / or its affiliates, directors, officers and employees, for any and all claims of whatever nature resulting from the submitted content / personal information.
  1. Fees, Payments and Discounts
    • VPS shall furnish you with a quotation reflecting a fixed amount which VPS 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 VPS 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 VPS, VPS 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 VPS 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 VPS.
    • 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 VPS acting reasonably, shall be deemed earned by VPS, as and when VPS 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 VPS or by operation of law) be deemed fully earned by VPS.
    • By accepting the quotation and making payment of the settlement amount to VPS, you authorise a representative of VPS 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 VPS 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 VPS or cash from your VodaPay wallet.
  1. Intellectual Property
    • The contents of the Service, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, the word or mark "Vodacom", “Vodacom Payment Services” and "Voda", logos, trade-marks, designs and service marks which are displayed on or incorporated in this Service (“Intellectual Property”) are protected by law, including but not limited to copyright and trade mark law. The Intellectual Property is the property of VPS, its advertisers and/or sponsors and/or is licensed to VPS.
    • You will not acquire any right, title or interest in or to the Service or the Intellectual Property.
    • Any use, distribution or reproduction of the Intellectual Property is prohibited unless expressly authorised in terms of these Traffic Fine App Terms and Conditions or otherwise provided for in law.
    • Where any of the Intellectual Property has been licensed to VPS or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  1. No Admission of Guilt
    VPS 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.
  1. Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF VPS 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.

  • VPS 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.
  • VPS will not be liable for any incorrect information, data and/or fine-data. VPS 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.
  • VPS in no way guarantees complete and national coverage. VPS will not be liable for any act and/or omission by a Tenant and/or Agent.
  • These limitations of liability apply even if VPS 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, VPS has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against VPS 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 VPS officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
  • Without prejudice to VPS other rights under these terms and conditions, if you breach these terms and conditions in any way, VPS 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.
  • Nothing in these terms and conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or VPS in terms of the Consumer Protection Act, 68 of 2008.
  1. 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.
  2. Cession and Assignment

    VPS may transfer, sub-contract or otherwise deal with VPS’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.
  3. Severability
    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.
  4. Governing Law

These Traffic Fines App Terms and Conditions and the Service   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.

  1. 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. VPS 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 VPS 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 VodaPay App.