SMS FLEET T/A MY TRACER (PTY) LTD WEBSITE LEGAL NOTICE: TERMS AND CONDITIONS
By the use of this website, SMS FLEET T/A MY TRACER (Pty) Ltd (“the Company”) reserves all rights. Reproduction, adaptation, or translation of any part, section, text or feature associated with this product without written permission is prohibited subject to certain allowances under the International copyright laws. This include all the text, graphics, design, systems and codes, content, and other works which are the copyrighted works of SMS FLEET T/A MY TRACER (Pty) Ltd..
TERMS AND CONDITIONS OF USE
Welcome to the corporate Website of SMS FLEET T/A MY TRACER (Pty) Ltd. Use of this website are governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The information, features and materials provided by SMS FLEET T/A MY TRACER may be used for informational purposes only. By using, accessing or downloading the application, system and/or materials from this Website you agree to the terms, conditions and provisions as outlined in this legal notice, which apply to all visits to the SMS FLEET T/A MY TRACER Website, both now and in the future. SMS FLEET T/A MY TRACER may at any time revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are or might be bound. Should you do not agree to these Terms and Conditions of Use, please do not use this Website.
You may view, download and copy information and materials available on this Website for your personal or commercial use. You may also use such material within your organization in connection with the support of SMS FLEET T/A MY TRACER's product. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities
OWNERSHIP OF INFORMATION AND MATERIALS
The information and any materials (including designs, research outcomes, press releases, data sheets, product descriptions, and FAQs) available on/or from this Website are and remain the copyrighted works of SMS FLEET T/A MY TRACER, and any unauthorized use or reproduction of information or materials may violate copyright, trademark and other laws. Any other rights not expressly granted herein are reserved.
All comments, feedback, information or materials submitted to SMS FLEET T/A MY TRACER through or in association with this Website shall be considered non-confidential and SMS FLEET T/A MY TRACER's property. By submitting such comments, information, feedback, or materials to SMS FLEET T/A MY TRACER, you agree to a no-charge assignment to SMS FLEET T/A MY TRACER of worldwide rights to use, copy, modify, display and distribute the submissions. SMS FLEET T/A MY TRACER may use such comments, information or materials in any way it chooses in an unrestricted basis.
WHAT ABOUT THE SECURITY OF MY PERSONAL DATA?
SMS FLEET T/A MY TRACER have implemented technology, policies and processes aimed at protecting the confidentiality, integrity and availability of your personal information. We will update and refine these measures on an on-going basis. Please note that SMS FLEET T/A MY TRACER cannot be responsible for the privacy policies and practices of other sites you may access using links from this Service. We recommend that you check the policy of each site you visit and that you contact that specific organization if you have any concerns or questions. Please be aware that internet communications are inherently insecure unless they have been encrypted. Your communications may be routed through any number of countries before reaching this site. SMS FLEET T/A MY TRACER therefore assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond our control.
WILL SMS FLEET T/A MY TRACER DISCLOSE ANY OF MY PERSONAL INFORMATION?
SMS FLEET T/A MY TRACER will not distribute any of your personal information to third parties; unless it's required to deliver the products or services requested by you. In addition, SMS FLEET T/A MY TRACER will not sell your personal information to third parties unless you give us your specific permission to do so. However, SMS FLEET T/A MY TRACER may be obligated to disclose personal information to meet any legal or regulatory requirements of applicable laws.
PAIA affords natural and/or juristic persons the right of access to records held by either a private or public body, subject to certain limitations, in order to enable them to exercise or protect their rights. Conversely, the Protection of Personal Information Act No 4 of 2013 (POPI) affords Data Subjects (“DS”) the right to request access, in accordance with the provisions of Promotion of Access to Information Act No. 2 of 2000 (PAIA), to their Personal Information (“PI”) from any Responsible Party (“RP”). SMS FLEET T/A MY TRACER subscribe to and will comply with the requirements, prescripts, processes and procedures set out in these legislation in dealing with or considering any legal request relating to any Personal Information under its jurisdiction.
POPI requires that when processing Personal Information, a Responsible Person should give effect to the constitutional right to privacy by safeguarding Personal Information subject to justifiable limitations that are aimed at balancing the right to privacy against other rights particularly the right of access to information.
(Note: Although the effective date of the POPI Act has not been pronounced, measures contained herein is aimed to ensure SMS FLEET T/A MY TRACER’s compliance with the Act when it is taking effect)
All electronic communications, including any attachments thereto that are transmitted to you by SMS FLEET T/A MY TRACER shall be on the following terms and conditions:
- Before any purported agreement, that has been negotiated either wholly or partly by electronic means, shall be considered binding on SMS FLEET T/A MY TRACER, the following terms and conditions shall apply:
- An advanced electronic signature, (as defined in the Electronic Communications and Transactions Act 25 of 2002), of a duly authorized member of the Board of Directors of SMS FLEET T/A MY TRACER shall be required to be used and attached to any electronic communication containing any offer and/or acceptance by SMS FLEET T/A MY TRACER, as the case may be.
- Where SMS FLEET T/A MY TRACER is acting as the offer or, the agreement shall be deemed to have been concluded at the time when and place where the acceptance of the offer was actually received by the Director so acting on behalf of SMS FLEET T/A MY TRACER, and upon such Director expressly and manually acknowledging receipt of such acceptance.
- An electronic communications shall be considered to have been sent by a Director as aforesaid only if:
- the Director sent it personally; or
- it was sent by a person who had the required authority to act on behalf of the said Director.
- Any opinion or advice contained in electronic communications shall be subject to the terms and conditions contained in any governing agreement.
- SMS FLEET T/A MY TRACER are not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt.
- Whilst SMS FLEET T/A MY TRACER do employ virus filtering, it provides no guarantees or warrantees that the electronic communication is virus-free.
Neither SMS FLEET T/A MY TRACER, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss/damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on SMS FLEET T/A MY TRACER's Website. SMS FLEET T/A MY TRACERs reserves the right to revise the terms and/or legal restrictions at any time. It is the responsibility of the user to make sure it is acquainted with any changes to this page and the terms and legal restrictions as it may change from time to time to ensure compliance by SMS FLEET T/A MY TRACER as it will remain binding. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SMS FLEET T/A MY TRACER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL SMS FLEET T/A MY TRACER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Although SMS FLEET T/A MY TRACER undertakes to encrypt or provide digital authentication of all documentation of users on its website as part of the product offering and will take all reasonable measures to ensure the security and integrity of information submitted to this Website, SMS FLEET T/A MY TRACER cannot under any circumstances be held liable for incorrect information, any loss or other damage sustained by a User or Users as a result of an act of nature or the intentional or accidental release of information by an employee of SMS FLEET T/A MY TRACER or any third party. Users are expressly prohibited from delivering any damaging code such as computer viruses to this Website, whether negligently or otherwise.
Any User who commits an offence as outlined above and in terms of Sections 85-88 of the Electronic Communications and Transactions Act will hold SMS FLEET T/A MY TRACER harmless and indemnify them (including its officers, directors, employees, agents, distributors, or affiliates) against any and all liability, damages and losses that SMS FLEET T/A MY TRACER may suffer as a result thereof. Any User who commits such offence will also be criminally prosecuted.
TERMINATION OF USE
SMS FLEET T/A MY TRACER may, in its sole discretion, terminate or suspend your access to all or part of the SMS FLEET T/A MY TRACER Website, including, but not limited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination. SMS FLEET T/A MY TRACER reserves all it rights with regard to any other recourse.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that SMS FLEET T/A MY TRACER owns or is the licensor of the intellectual property rights in and to all Services contained herein, and that the unauthorized use thereof is expressly prohibited. The word or mark "SMS FLEET T/A MY TRACER ", and "SMS FLEET T/A MY TRACER", however represented, including stylized representation, all associated logos and symbols and combinations of any of the aforegoing with another word or mark, used on this site, are the trademarks of SMS FLEET T/A MY TRACER, or any of its affiliated companies.
GOVERNING LAW; JURISDICTION AND VENUE
The Agreement with a user shall be governed by and construed in accordance with the laws of SOUTH AFRICA exclusive of its choice of law principles. The SOUTH AFRICAN courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
If any provision of this terms and conditions or Legal restrictions is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This page(s) contains the entire agreement between you and SMS FLEET T/A MY TRACER concerning the use of this website, and the agreement shall not be modified, except in writing and signed by both parties. If you have any questions regarding the SMS FLEET T/A MY TRACER’s Terms and Conditions, please email: