In this user agreement, the terms below have the following meanings:
this user agreement between the User and CTS;
City Technology Solutions Proprietary Limited, registration number 2018/251213/07, a private company duly registered in accordance with the laws of the Republic of South Africa, with its registered address at 350 Umhlangane Road, River Horse Valley, Durban 4001;
the software product offered by CTS, called OnRoute, is an application suite aimed at providing fleet owners in-depth insights of their operations and real-time visibility from dispatch to the final destination of their supply chain, the details of which will be disclosed on the Website;
the user of the Website and/or such user’s legal guardian; and
collectively CTS’s website/s, mobile or desktop applications.
2. Conditions of Access
- The User must read this Agreement carefully before utilising the Website and Software.
- The User hereby agrees that this Agreement applies to the utilization of the Website and Software, including any third party website or mobile application linked to the Website.
- If the User is under the age of 18, such User must obtain the advance authorisation, permission and consent of such User’s parent or legal guardian, before accessing the Website and/or making use of any services related to the Software. By accessing the Website and/or making use of any services related to the Software, the User represents and warrants that he/she is 18 years or older or that he/she does so with the consent of such User’s parent or guardian.
- The User's access to and use of the Website and Software is conditioned on the User’s acceptance of and compliance with this Agreement. Should the User disagree with any provision set out in this Agreement, such User must refrain from accessing the Website and/or using any other services related to the Software.
- CTS reserves the right, in its sole discretion, to:
- amend and/or replace any of, or the whole of, this Agreement. The current version of the Agreement will apply each time that the User accesses and uses the Website;
- refuse service, remove or edit content, or terminate access in its sole discretion.
3. Acceptance and Consent by the User
- By using the Website and utilising the Software, the User expressly agrees to the terms and conditions of this Agreement.
- The User agrees that this Agreement applies to any information accessed via the Website or acquired in relation to the Software.
4. User Account
- Without derogating from any other rights which CTS may have in law, CTS may, in its reasonable discretion, deny access to the Website by a User as a result of a breach of this Agreement, including but not limited to:
- if the User provides incorrect, inaccurate, misleading information; and
- if the User makes use of the Website for inappropriate or unsolicited purposes.
- The User hereby warrants that all information provided to CTS on or via the Website will be true, accurate, current and correct and undertakes to update the information as and when required.
- The User hereby warrants that it has fully disclosed all necessary facts and agrees that such disclosure forms a material aspect of this Agreement.
5. Electronic Communication
- When the User visits the Website or sends e-mails to CTS, it accepts that CTS can communicate with the User via electronic communication, which shall include e-mail, SMS and/or push notifications, for any purpose related to the Software and/or the Website.
- The User agrees and acknowledges that electronic communication will be sufficient for purposes of legal service and notices.
- Any electronic communication sent to the User will be regarded to have been received by the User upon being sent by CTS to the email address and/or the cellphone number provided by the User, or through the application registered to the User.
- All content published on or via the Website (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) ("proprietary material"), is the property of, or is licensed to, CTS and as such is protected from infringement by local and international legislation and treaties.
- All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in the Website is granted to the User.
- Except with CTS’s express written permission, no proprietary material from the Website may be copied, retransmitted, used, altered or disseminated.
- Irrespective of the existence of copyright, the User acknowledges that CTS is the proprietor of all material on the Website (except where a third party is indicated as the proprietor) and that the User has no right, title or interest in any such material.
7. Disclaimer and Indemnity
- CTS does not guarantee the operation of the Website or the information, content, tools or materials on the Website. Use of the Website is at the risk of the User and CTS will not be liable for any loss, liability, harm or damage caused to the User as a result of use of the Website.
- The User agrees that it is using the Software voluntarily and at its own risk.
- While CTS makes every effort to ensure that the content and information on the Website, and any advertisements are complete, accurate and up to date, CTS makes no guarantee about the suitability of the products, services and information on the Website or whether it is complete accurate, up to date or appropriate.
- CTS reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- The User accepts that some of the information, content, tools or materials on the Website come from external sources, and agrees that CTS is not responsible, and will not be held liable, for any information or content, received from these external sources.
- CTS cannot be held responsible for any cell phone or data charges as a result of the User’s use of the Website or the Software.
- The User accepts full responsibility for all activities that occurs under its access details or password and accepts responsibility for maintaining the confidentiality of its access details and password.
- CTS will not be responsible for any consequences resulting from the User’s response to any communication sent by a “phisher” or a “spoofer”.
- The User defends, indemnifies and holds harmless CTS, its employees, contractors, agents, officers, directors and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) the use and access of the Website and/or the Software, by the User or any person using that User’s access details and password; (ii) a breach of this Agreement, or (iii) any content posted.
- In no event shall CTS, its directors, officers, employees, partners, agents, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) access to or use of or inability to access or use the Website and/or the Software; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website and/or the Software; and (iv) unauthorised access, use or alteration of the User’s transmissions or content, howsoever caused, and whether or not it has been informed of the possibility of such damage.
8. Linking to Third Party Websites
- CTS may provide links to third party websites on the Website. These links are provided to the User for convenience purposes only and CTS does not endorse, nor does the inclusion of any link imply CTS’s endorsement of, such websites, their owners, licensees or administrators or such websites' content or security practices and operations.
- While CTS tries to provide links only to reputable websites or online partners, CTS cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of CTS. CTS is not responsible for and gives no warranties and makes no representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
9. General Provisions
- This Agreement shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within the Republic of South Africa.
- CTS chooses its registered address as the address for delivery of all notices and/or legal process in terms of this Agreement.
- The headings of the clauses in the Agreement are provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this Agreement.
- The use of the word “including” and its derivatives followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s.
- Any provision of this Agreement which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatsoever, shall only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of this Agreement shall be of full force and effect.
- No failure or delay by CTS to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this Agreement.
- For any queries in relation to the Website and/or the Software, please contact email: email@example.com / tel: +2731 580 2000 during office hours (Monday to Friday from 8:00 to 17:00).