1.2 In this agreement, where we use ‘Us’, ‘We’, or ‘Road Protect’ we mean Road Protect (Pty) Ltd and where we make reference to ‘you’, we mean you as the you of the Road Protect portal.
1.3 The STC will be applicable to registered and non-registered yous, unless stated otherwise.
- Important Notice
2.1 These STC’s apply to consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”), where applicable.
2.2. These STC’s contain provisions that appear in similar text and style to this clause and which –
2.2.1. may limit our risk or liability;
2.2.2. may create a risk or a liability for you; and/or
2.2.3. may compel you to indemnify Road Protect; and/or
2.2.4. serves as an acknowledgement, by you, of a fact.
2.3. You need to take special notice of these specific terms as they are important and should be carefully noted.
2.4. If there is any provision in these STC’s that you do not understand, it is your responsibility to ask Road Protect to explain it to you before you accept the Terms and Conditions or continue using the Road Protect Portal.
2.5. Nothing in these STC’s is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, created for either you or Road Protect in terms of the CPA or any other act or applicable law.
2.6. Road Protect permits the use of the Road Protect portal subject to these STC’s. By using the Road Protect portal in any way, you shall be deemed to have accepted all the STC’s unconditionally. You must not use the Road Protect portal if you do not agree to the STC’s.
- Registration and use of the Road Protect portal
3.1. To register as a you, you must provide a unique username and password and provide certain information and personal details to Road Protect. You will need to use your unique username and password to access the Road Protect portal.
3.2 You agree and warrant that your username and password will:
3.2.1 be used for personal use only; and
3.2.2 not be disclosed by you to any third party.
3.3 For security purposes you agree to enter the correct username and password whenever using the Road Protect portal, failing which you will be denied access.
3.4 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will not hold Road Protect liable for any damage and or loss of whatsoever nature because of the unauthorised use of your log in details.
3.5 You agree to notify Road Protect immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
3.6. By using the Road Protect portal you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) years or if you are not legally permitted to enter into a binding agreement, then you may use the Road Protect portal only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these STC’s and to be liable and responsible for you and all your obligations under these STC’s.
3.7. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Road Protect portal, whether directly by you or using any software. In addition, you agree to not monitor, copy, distribute or modify the Road Protect portal or the information contained therein, without the prior written consent from an authorised Road Protect representative.
3.8. You may not in any way display, publish, copy, print, post or otherwise use the Road Protect portal and/or the information contained therein without the express prior written consent of an authorised Road Protect representative.
- Consent to obtain personal information
4.1 You concede that, to provide the services offered on the Road Protect portal, it may be necessary for Road Protect to obtain information of a personal nature, other than information you specifically provide during registration and the use of the Road Protect Portal.
5.1 Where we offer you facilities to make payments through the Road Protect portal, we do so using a third-party service provider. It is your responsibility to ensure that you have read the terms and conditions and privacy policies of such third parties prior to making payment.
5.2. In addition to any other indemnity provided for in this agreement, you specifically indemnify us from any loss, damage or expense that you may incur by your use of the third-party payment system.
5.3. Whenever you make payment using a credit card, you warrant that you are the owner of the credit card, alternatively that you have permission from the owner to use the credit card.
6.1. We do not warrant the accuracy or completeness of any third-party content used on the Road Protect portal.
7. Changes to these STC’s
7.1 Road Protect may, in its sole discretion, change any of these STC’s at any time. It is your responsibility to regularly check these STC’s and make sure that you are satisfied with the changes. Should you not be satisfied, you should refrain from using the Road Protect portal and de-register as a you.
7.2. Any such change will only apply to your use of the Road Protect portal after the change is displayed on the Road Protect portal. If you use the Road Protect portal after such amended STC’s have been displayed on the Road Protect portal, you will be deemed to have accepted such changes.
8. Electronic communications
- Ownership and copyright
9.1 The contents of the Road Protect portal, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the Road Protect portal (“Road Protect portal Content”) are protected by law, including but not limited to copyright and trade mark law. The Road Protect portal Content is the property of Road Protect , its advertisers and/or sponsors and/or is licensed to Road Protect .
9.2 You will not acquire any right, title or interest in or to the Road Protect portal or the Road Protect portal Content.
9.3. Any use, distribution or reproduction of the Road Protect portal Content is prohibited unless expressly authorised in terms of these STC’s or otherwise provided for in law.
9.4. Where any of the Road Protect portal Content has been licensed to Road Protect or belongs to any third party, your rights of use will also be subject to any STC’s which that licensor or third party imposes from time to time and you agree to comply with such third party STC’s.
10.1. The use of the Road Protect portal is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Road Protect portal or reliance on any information on the Road Protect portal.
10.2. Whilst Road Protect takes reasonable measures to ensure that the content of the Road Protect portal is accurate and complete, Road Protect makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Road Protect portal or as to the accuracy, completeness or reliability of any information on the Road Protect portal. If any such representations or warranties are made by Road Protect ’s representatives, Road Protect shall not be bound thereby.
10.3. Road Protect disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Road Protect portal and/or any content therein unless otherwise provided by law.
10.4. In addition to the disclaimers contained elsewhere in these STC’s, Road Protect also makes no warranty or representation, whether express or implied, that the information or files available on the Road Protect portal are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Road Protect, its employees, agents or authorised Road Protect thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Road Protect portal.
- Linking to third party Road Protect portals
11.1 The Road Protect portal may contain links or references to other websites (“Third Party websites”) which are outside of our control, including those of advertisers. These STC’s do not apply to those Third Party websites and Road Protect is not responsible for the practices and/or privacy policies of those Third Party websites or the “cookies” that those sites may use.
11.2. Notwithstanding the fact that the Road Protect portal may refer to or provide links to Third Party websites, your use of such Third Party websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party websites or your reliance on any information contained thereon.
- Limitation of liability
12.1. Road Protect shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Road Protect portal or the content contained in the Road Protect portal; or your inability to use the Road Protect portal, and/or unlawful activity on the Road Protect portal and/or any linked Third Party websites.
12.2. You hereby indemnify Road Protect against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Road Protect portal and/or any Third Party websites.
- Availability and termination
13.1. We will use reasonable endeavours to maintain the availability of the Road Protect portal, except during scheduled maintenance periods, and are entitled to discontinue providing the Road Protect portal or any part thereof with or without notice to you.
13.2. Road Protect may in its sole discretion terminate, suspend and modify the Road Protect portal, with or without notice to you. You agree that Road Protect will not be liable to you if it chooses to suspend, modify or terminate the Road Protect portal other than for processing any transactions made by you prior to such time, to the extent possible.
13.3. If you fail to comply with your obligations under these STC’s, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Road Protect portal without any prejudice to any claims for damages or otherwise that we may have against you.
13.4. At any time, you can choose to stop using the Road Protect portal, with or without notice to Road Protect .
- Governing law and jurisdiction
14.1. These STC’s and our relationship and/or any dispute arising from or in connection with these STC’s shall be governed and interpreted in accordance with the laws of the Republic of South Africa.Your continued use of the Road Protect portal will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these STC’s.
14.2 Nothing in this clause or the STC’s limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
15.1. For the purposes of the ECT Act, Road Protect ’s information is as follows, which should be read in conjunction with its product descriptions and other STC’s contained on the Road Protect portal:
15.1.1. Full name:
15.1.2. Main business:
15.1.3. Physical address for receipt of legal service (also postal and street address):
15.1.4. Office bearers:
15.1.5. Phone number:
15.1.6. Email address:
15.1.7. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from our website.
16.1. Road Protect may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Road Protect portal or the your right to use the Road Protect portal or any of its contents subject to us processing any orders then already made by you.
16.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these STC’s to any third party.
16.3. Any failure on the part of you or Road Protect to enforce any right in terms hereof shall not constitute a waiver of that right.
16.4 If any term or condition contained herein is declared invalid, the remaining STC’s will remain in full force and effect.
16.5 No variation, addition, deletion, or agreed cancellation of the STC’s will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
16.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the
16.7 These STC’s contain the whole agreement between you and Road Protect and no other warranty or undertaking is valid, unless contained in this document between the parties.