TERMS AND CONDITIONS OF USE
entered in favour of
CARLICENCE (PROPRIETARY) LIMITED (“CARLICENCE”)
Terms
This document sets out the terms and conditions (“Terms”) pertaining to the access of and use of the services and functions (the “Services”) provided by Carlicence and its associated companies and agents (“Associated Companies”). Should you (“you” and/or “User”: which shall mean any person that provides details to Carlicence via this Site) disagree with any of the Terms, you must refrain from utilising the Services.
Carlicence reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Site. Each time a user accesses the Site and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Carlicence from time to time.
Authorisation
The User hereby authorises Carlicence and the Associated Companies to be its lawful agent with full power and authority to retrieve the User’s vehicle information from the relevant licensing authorities (including the Road Traffic Management Corporation (“RTMC”)) and to process relevant motor vehicle licence (“Licence”) disc renewals on its behalf. For such purpose, such authority shall include but not be limited to the power to (i) set up an account on the User’s behalf with the RMTC’s National Traffic Information System website (“NaTIS”) and (ii) to use such account to retrieve such information as may be necessary for the renewal of the User’s Licence, including the Motor Vehicle License Renewal Notice Form (“MVL2 Form”).
This also serves as specific authorisation for the Associated Companies to to provide Carlicence with any and all relevant vehicle information related to the User and the Licence renewal being effected.
Services
The Services include the renewal of Licence disks with the relevant authorities, notification of Blocks, electronic updates on service progress and delivery of the Licence disk to the User’s nominated delivery address.
The specified municipal areas covered under this Services may be expanded or contracted by Carlicence and its Associated Companies without prior notification to the User, but currently include.
- Gauteng
- Eastern Cape
- Free State
- Kwa-Zulu Natal
- Limpopo
- North West
Integrity of information
The User is responsible for the accuracy of all information provided in the use of the Services. If the User does not provide accurate information pertaining to, or critical to the efficient or accurate provision of this Services, the sole responsibility for any and all errors and or costs lies with the User.
Whilst Carlicence and its Associated Companies make all reasonable efforts to ensure that all information provided to Users is accurate at the time of providing the Services, Carlience and the Associated Companies make no representations, guarantees or warranties of any nature whatsoever concerning the information accuracy and integrity. The User shall be solely responsible for any decisions or actions taken based on the information provided correctly or incorrectly through the use of the Services.
Information Security
All User information provided is handled in accordance with these Terms, and is protected from and against unauthorised access and against unlawful processing, accidental loss, destruction and damage through implementing appropriate technical and organisational measures to safeguard such information.
Service Disclaimer
Carlicence and its Associated Companies operate the Services with all reasonable care, skills, policies, procedures and security measures in place to ensure the effective provision of the Services to the User.
Except as set out in these Terms, Carlicence and its Associated Companies:
· provide no other warranties with regard to the Services;
· shall not be liable to the User by reason of any representation unless fraudulent, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Terms , for any direct, indirect, special, or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Carlicence, its Associated Companies, its employees or agents or otherwise) which arise out of or in connection with the use of the Services (whether in contract, delict or otherwise);
· are providing the Services to be used within the borders of South Africa and these Terms shall be governed and construed in terms of the law of the Republic of South Africa;
· are not responsible for any delays caused by external third parties that may be involved in processing the Services, including the relevant traffic departments, and are similarly not responsible for delays arising as a result of any force majeure, including strikes, natural disasters, pandemics or any other delays beyond the reasonable control of Carlicence and its Associated Companies.
Disclosure of information to third parties
In addition to the parties involved in the Services who will have access to the User’s personal information, Carlicence and its Associated Companies may share the User’s personal information with the following recipients (and will ensure in such circumstances that appropriate security and contractual relationships are in place to protect the information):
- third parties who support our Services (e.g. partners for marketing or promotions in the motor vehicle sector based on your preferences), including but not limited to the consumer insights company with whom we partner, Sawubona CI Proprietary Limited (“Sawubona”). Unless and until you have opted out of its communications, Sawubona will store your personal information, and may provide your personal information to its affiliates and business partners in specific industries relevant and customised to you, for purposes of such affiliates and/or business partners contacting you to market and/or sell their products and services. These affiliates and business partners will change from time to time, but Sawubona shall only provide your personal information in respect of those industries in which you have expressed an interest and/or not opted out from marketing. Should you be contacted by any of Sawubona’s affiliates or business partners, please note that from that point you will be subject to that affiliate’s or business partner’s terms of use and privacy policy, and should accordingly familiarise yourself with the applicable terms and conditions of such policies. You may, at any time, opt out of any further marketing or contact;
- any law enforcement or regulatory body, government agency, court or other third party where we believe disclosure is necessary under applicable law or regulations;
- new owners or re-organised entities in the event of a business restructuring, sale, purchase or joint venture affecting our business; and/or
- in an aggregated/statistical or de-personalised format so as to provide sales and related statistics to third parties any other person provided that you have given your consent. We will never sell, distribute or otherwise share your personal information other than as provided in these Terms, unless we have your permission.
Information retention
Carlicence, its Associated Companies and Sawubona will retain your personal information where there is an ongoing legitimate business need to do so (for example, while you use the Services, or to enable us to meet our legal or accounting obligations).
If you object to either us or Sawubona processing certain categories of your personal information (including in relation to receiving marketing communications from us), we will retain a record of your objection to the processing of your information so that we can continue to respect your wishes.
We will destroy or permanently anonymise your personal information at the point that we no longer need to process it for our ongoing legitimate business needs or for any legal reason. If this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store it and isolate it from any further processing until deletion is possible.
Should you have any queries or concerns about these Terms, you may address these to us at [email protected]