Definitions
- “Browser” means a computer program which allows a person to read hyperlinked data messages;
- “Copyright” means Copyright as defined in the Copyright Act 98 of 1978 as amended;
- “Data” means data as defined in the Electronic Communications and Transactions Act 25 of 2002 as amended (Electronic Communications Act);
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“Personal Information” means the personal information of a Client or user of the Website as defined in the Electronic Communications Act;
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“Platform” means the Website and / or any other electronic method by which the Municipality and the user communicates with each other;
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“POPI” means the Protection of Personal Information Act 4 of 2013 as amended;
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“Services” means;
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“Terms” means these Terms and Conditions, Privacy Policy and the Disclaimer;
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“Trademark” means a Trademark as defined in the Trade Marks Act 194 of 1993 as amended.
Terms of Use
Application:
These terms apply to all users of the Website.
Purpose of these Terms:
The eThekwini Municipality respects your privacy and is committed to protecting it.
The Purpose of these Terms are to describe the way in which eThekwini Municipality may collect, store, use and protect Information that can be associated with a specific person and can be used to identify that person.
Acceptance of these Terms:
By using this website, or otherwise by providing your Personal Information to eThekwini Municipality, you signify your acceptance of these Terms. You are required to accept these Terms when you register for any of eThekwini Municipality’s Services offered on the Website. If you do not agree with these Terms you may not register for any Services. By making use of this Website, you acknowledge and agree that these Terms shall be legally binding on you and undertakes to comply therewith.
Changes:
eThekwini Municipality may at any time change these Terms and / or any aspect of the Website as required in its sole discretion. eThekwini Municipality shall notify the user or users of the Website of any change by placing a notice on a prominent place on the Website. If you do not agree with any of the changes you must stop using the Services. If you continue to use the Services following notice of a change, your action will be deemed to be tacit acceptance of such changes and the changed Terms will apply to you.
Consent to collection of Personal Information:
You herewith grant your consent to eThekwini Municipality to collect your Personal Information in accordance with POPI at the time you make use of the Website.
Collection of Personal Information:
Collection from User
On registration and /or whilst making use of the Website and / or the Services you may be required to voluntarily provide eThekwini Municipality with your Personal Information. Such Personal Information will include:
- your name and surname;
- your postal address, e-mail address, telephone number and postal code;
- your user ID and password; and
Should you fail and / or refuse to provide your Personal Information you will not be able to access the Services. You are entitled in terms of POPI to object to the processing of your Personal Information or to lodge a complaint with the Information Regulator at:
33 Hoofd Street
Forum III, 3rd Floor Braampark
Tel:010 023 5207
Email:inforeg@justice.gov.za
Collection from Browser
eThekwini Municipality may automatically receive and record internet usage information on its server logs from your browser such as your internet protocol address, browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engines keyworks, java script enablement, the content and pages that you access on the website, the date and times that you visit the website, paths taken and such time spent on sites and pages within the Website ("Usage Information”). The above information cannot usually be used to identify you.
Access to Personal Information:
You are entitled to request eThekwini Municipality: to confirm, free of charge, whether or not eThekwini Municipality holds Personal Information about you; and to provide you with a record or description of the Personal Information about you. eThekwini Municipality shall only be required to comply with your requests upon you providing adequate proof of identity.
Disclosure
You acknowledge and agree that eThekwini Municipality may share your Personal Information:
- with credit bureaus to report account information as permitted by law;
- if required, by subpoena or court order;
- to comply with any law;
- to protect the safety of any individual or the general public;
- to prevent violation of eThekwini Municipality’s service Terms;
Security of Personal Information:
eThekwini Municipality has taken measures to secure the integrity and confidentiality of any Personal Information in its possession or under its control by taking appropriate, reasonable technical measures to prevent loss of, damage to or unauthorised destruction of Personal Information and unlawful access to or processing of Personal Information.
eThekwini Municipality has further taken measures to identify risks to Personal Information in its possession or under its control, establish and maintain appropriate safeguards against such risks, verify that the safeguards are appropriately implemented and ensure that the safeguards are continually updated.
eThekwini Municipality makes use of computer safeguards such as firewalls and data encryption to protect Personal Information in its possession or under its control having regard to generally accepted information security practices and procedures and enforces physical access controls to its buildings and files.
Access to Personal Information is authorised only for those operators and / or employees who require it to fulfil their job responsibilities.
Copyright:
The eThekwini Municipality and its website service provider name, logo, slogan and all names of products or the Services displayed on the Website are registered and / or common law trademarks of eThekwini and its website service provider and may not be copied, imitated or used, in whole or in part.
In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts is Copyright which belongs to eThekwini Municipality and its website service provider may not be copied, imitated or used, in whole or in part, without eThekwini Municipality or its website service providers prior written permission.
Retention of Personal Information:
eThekwini Municipality will only retain your Personal Information for as long as it is necessary to fulfil the purposes set out in these Terms and / or to deliver the Services unless the retention of such Personal Information is required by law, contract or you have consented thereto.
During the period of retention, eThekwini Municipality will abide by its non-disclosure obligations and will not share or sell your Personal Information except as provided for in these Terms.
Records of Personal Information may be retained for longer periods for historical, statistical or research purposes.
Risk:
You acknowledge that you make use of this Website at your own risk and in no event, shall eThekwini Municipality be or become liable for any direct, indirect, punitive, incidental, special or consequential losses or damages or any loss of income, Data or loss of any nature howsoever arising.
Limitation of Liability:
Notwithstanding anything to the contrary stated in these Terms and without prejudice to any other limitation permitted by law, and subject to the Disclaimer below, the eThekwini Municipality shall not be liable to the user or any third party arising out of the use of the Website, irrespective of whether by the negligence, gross negligence, reckless or wilful acts or omissions on the part of eThekwini Municipality, its officers, directors, employees or service providers.
Law and Jurisdiction:
These terms and conditions shall be governed by the Laws of the Republic of South Africa.
You agree that any cause of action that may arise under the agreement regulated by these terms and conditions shall be commenced and be heard in the appropriate High Court in South Africa.
You agree to submit to the personal and exclusive jurisdiction of the High Court of South Africa.
Indemnity:
You herewith agree to indemnify and hold harmless eThekwini Municipality and its officers, consultants, service providers and employees from or against any third-party claims, damages, losses, costs and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of your breach of the Terms contained herein.
You waive any claim you may have against eThekwini Municipality, its entities, officers, directors, employees and service providers for damages or loss of any kind as a result of:
- any unauthorized access to or use of the website.
- any interruption or cessation of transmission to or from the Website or the Platform;
- any viruses, worms, trojan horses, defects or other items or programs of a harmful, disruptive or destructive nature;
Severability:
In the event that any provision of these Terms are found to be unlawful, conflicting with another provision or otherwise unenforceable, the Terms will remain in full force and effect and the unenforceable, conflicting term will be severed from the remainder of these Terms.
Disclaimer
eThekwini Municipality will not assume any liability or responsibility for any errors, omissions or inaccuracies in the content of the Website and / or the Platform.
eThekwini Municipality does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the Services.
Privacy Policy
While certain pages of the Website can be accessed without the requirement for identification, should you wish to make use of and / or access the Services you will be required to register and provide us with your Personal Information.
eThekwini Municipality has developed its privacy practices in line with the Electronic Communications Act and POPI.
Once you choose to register with eThekwini Municipality and provide us with your Personal Information, it will be used for the purposes of providing you with the Services.
You acknowledge that certain non-personal information may be collected while you are using the Website. This will comprise Data about usage and service operation that is not associated with a specific personal identity. eThekwini Municipality may collect and use this non-personal information to evaluate how the Website is being used, in accordance with these Terms.
Most non-personal data may be collected via cookies or other analysis technologies.
eThekwini Municipality will not use your personal information for a different purpose than the one stated when you provided your Data.
