1. This document sets out the terms and conditions (“Terms”) of Umthombo Corporate Services (Pty) Ltd (“Umthombo”) pertaining to the access and use of the information, products, services and functions provided on this website and other related software applications.
2. By accepting these Terms, you agree to the conditions set out by Umthombo.
3. Umthombo provides a broad range of services that are subject to these terms, including but not limited to Vehicle License Renewal, Vehicle Change of Ownership, Vehicle Deregistration, CIPC Services and Secretarial Services.
4. Should you (“you” or “user”) disagree with any of the Terms, you must refrain from accessing the Website and software and/or using our services.
5. You agree that all information provided by you is true and correct and provided to us with the sole permission of the registered owner of the vehicle or any other person with the authority to use any of our aforementioned services. Umthombo will not be held responsible or take responsibility for information that was provided by you incorrectly or without authorization or permission.
6. If you are under the age of 18, you must obtain your parent/s’ or legal guardian/s’ advance authorization, permission, and consent to be bound by these Terms before using any of our services.
7. Umthombo reserves the right, at 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 website and mobile software application. Each time you access the Website and mobile software application and/or use the services, you shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Umthombo from time to time. If you are not satisfied with the amended Terms, you should refrain from using the website and mobile software application.
8. Where your personal information is collected for a particular purpose and affected by any amendment and/or replacement referred to in clause 7 above, we will give you prior notice of the impending change . In this regard, please note that any subsequent use by
you of our services will be deemed to be an acceptance of the amendment and/or replacements.
9. If there is anything in these Terms that you do not understand then please contact us as soon as possible through the contact details indicated on our website. Please note that calls to us are charged at national rates and may be monitored for training, security and quality assurance purposes.
10. Content of the website and software
10.1. Umthombo is constantly developing new technologies and adopting new features to improve our services. As part of this continual improvement, we may sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or discontinue old services.
10.2. Umthombo reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the website, software and any information or content on the website and software.
10.3. Umthombo reserves the right to change and amend the products, prices and rates quoted on this website and software from time to time, without notice.
10.4. Umthombo may use the services of third parties to provide information on the website and software. Umthombo has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. You agree that such information is provided “as is” and that Umthombo and its online partners shall not be liable for any losses or damages that may arise from your reliance on it, howsoever these may arise.
10.5. Umthombo makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the website and mobile software application, including, without limitation:
10.5.1. Umthombo does not warrant that the website and mobile software application or information or downloads will be error-free or that they meet any particular criteria of performance or quality. Umthombo
expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
10.5.2. Whilst Umthombo has taken reasonable measures to ensure the integrity of the website and mobile software application and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website and software are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of your system; and
10.5.3. Umthombo disclaims any responsibility for the verification of any claims. Information published on this website and mobile software application may be provided in the format in which Umthombo receives it and statements from external parties are accepted as fact.
11. Linked third party website and software and third-party content
11.1. Umthombo may provide links to third party websites on the website and mobile software application. These links are provided to the user for convenience purposes only and Umthombo does not endorse, nor does the inclusion of any link imply Umthombo’s endorsement of, such website and software, their owners, licensees or administrators or such website and software content or security practices and operations.
11.2. While Umthombo tries to provide links only to reputable website and software or online partners, Umthombo cannot accept responsibility or liability for the information provided on other website and software. Linked websites and respective software and softwares or pages are not under, nor subject to, the control of Umthombo. Umthombo is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised website and software on the website and mobile software application.
11.3. You agree that Umthombo shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website and software or any link(s) contained in a linked website and software, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked website and software on the
website and software. Any dealings that you may have with any linked website and software, including advertisers, found on the website and software, are solely between you and the third-party website and software, and not Umthombo.
12. Usage restrictions
12.1. The user hereby agrees that it shall not itself, nor through a third party:
12.1.1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the website and software for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
12.1.2. decompile, disassemble or reverse engineer any portion of the website and software;
12.1.3. write and/or develop any derivative of the website and software or any other software program based on the website and software;
12.1.4. modify or enhance the website and software. In the event of you effecting any modifications or enhancements to the website and software in breach of this clause, such modifications and enhancements shall be the property of Umthombo;
12.1.5. without Umthombo’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the website and software by persons other than yourself;
12.1.6. remove any identification, trademark, copyright or other notices from the website and software;
12.1.7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the website and software, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or
12.1.8. notwithstanding anything contained to the contrary in these Terms, use of the website and mobile software application shall not be for any purpose other than personal, non-commercial and information purposes.
13. Security
13.1. In order to ensure the security and reliable operation of the services to all Umthombo’s users, Umthombo hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
13.2. You may not utilise the website and software in any manner which may compromise the security of Umthombo’s networks or tamper with the Website and software in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website and software, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the website and software, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Umthombo suffer any damage or loss, civil damages shall be claimed by Umthombo against the user.
13.3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Umthombo and its affiliates, agents and/or partners.
14. Intellectual property rights
14.1. For this clause, the following words shall have the following meanings ascribed to them:
14.1.1. “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by Umthombo, now or in the future, including without limitation, Umthombo’s rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and
copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
14.2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website and software (“proprietary material”), are the property of, or are licensed to, Umthombo and as such are protected from infringement by local and international legislation and treaties.
14.3. By submitting reviews, comments and/or any other content (other than your personal information) to Umthombo for posting on the website and software, you automatically grant Umthombo and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
14.4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this website and software is granted to you and/or any other third party.
14.5. Except with Umthombo’s express written permission, no proprietary material from this website and mobile software application may be copied or retransmitted.
14.6. Irrespective of the existence of copyright, you acknowledge that Umthombo is the proprietor of all material on the website and software (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
14.7. Umthombo authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website and software, or any part thereof, provided that such content is used for non-commercial purposes.
14.8. Some of our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you are free to choose the content that you want to provide. If you choose to upload or share content, you agree that this will be deemed as you providing Umthombo with a non-exclusive licence to use the content. Please make sure you have the necessary rights to do so and that the content is lawful.
15. Risk, limitation of liability and indemnity
15.1. Your use of this website and software and the information contained on the website and software is entirely at your own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
15.2. The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Umthombo be liable for any loss, harm, or damage suffered by the user as a result thereof. Umthombo reserves the right to request independent verification of any information transmitted via e-mail and the user consents to such verification should Umthombo deem it necessary.
15.3. To the extent permissible by law:
15.3.1. Neither Umthombo, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website and software and software or any functionality thereof, or the information contained on the website and software, or of any linked website and software, even if Umthombo knows or should reasonably have known or is expressly advised thereof.
15.3.2. The liability of Umthombo for faulty execution of the website and software as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website and software shall be limited to Umthombo rectifying the malfunction, within a
reasonable time and free of charge, provided that Umthombo is notified immediately of the damage or faulty execution of the website and software. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website and software without the prior written notice to or approval of Umthombo. However, in no event shall Umthombo be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website and software or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
15.3.3. You hereby unconditionally and irrevocably indemnify Umthombo and agree to hold Umthombo free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by you or any third party agents acting on your behalf, or instituted against Umthombo as a direct or indirect result of:
15.3.3.1. our use of the website and software;
15.3.3.2. software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Umthombo;
15.3.3.3. your failure to comply with any of the terms or any other requirements which Umthombo may impose from time to time;
15.3.3.4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
15.3.3.5. any unavailability of, or interruption in, the service which is beyond the control of Umthombo.
15.4. Umthombo makes no warranty or representation as to the availability, accuracy or completeness of the content of the website and software. You expressly waive and renounce all your rights of whatever nature that you may have
against Umthombo for any Loss suffered by you, as a result of information supplied by Umthombo being incorrect, incomplete or inaccurate.
16. Umthombo Privacy Policy and Protection of Personal Information
16.1. This clause provides details about our Privacy Policy, which Policy forms part of these Terms. Umthombo takes your privacy seriously and is committed to protecting your personal information.
16.2. Umthombo will strive to protect all personal information as defined in the protection of Personal Information Act 4 of 2013 (“POPI”) at all times as part of our Privacy Policy. We use the personal information that we collect from you in accordance with this Privacy Policy.
16.3. Umthombo will strive to comply with the Promotion of Access to Information Act 2 of 2000 (“PAIA”) and enable you to gain access to information held by us, insofar as it is reasonably necessary.
16.4. Personal information when used in this Policy means information that can identify, or is capable of identifying, you as an individual. By personal information we do not mean general, statistical, aggregated or anonymised information or information that is in the public domain.
16.5. Your use of our services signifies your consent to us collecting and using your personal information as specified in this agreement.
16.6. Umthombo collects personal information that you voluntarily provide to us when you register on any of our platforms, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website (such as by posting messages in our online forums) or otherwise when you contact us.
16.7. Umthombo may share your personal information with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Such services include, but are not limited to: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts.
16.8. Umthombo may allow selected third parties to use tracking technology on the website and software, which will enable them to collect data on our behalf about
how you interact with our website and software over time. This information may be used to, among other things, analyse and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.
16.9. The personal information we collect may include the following:
16.9.1. Personal Information provided by You. We collect names; phone numbers; email addresses; vehicle registration and serial numbers; national identification numbers; vehicle model descriptions; usernames; contact preferences; billing addresses; contact or authentication data; and other similar information.
16.9.2. Payment Data. Card transactions will be acquired for Umthombo through a third-party service provider approved by South African banks.
16.9.3. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
16.10. We automatically collect certain information when you visit, use or navigate the website and software. This information is not limited to your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about who and when you use our platforms.
16.11. This information is primarily needed to maintain the security and operation of our website and software, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.
17. Confidentiality
17.1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by
Umthombo. You shall notify Umthombo should you discover any loss or unauthorised disclosure of the information.
17.2. Any information or material sent to Umthombo will be deemed not to be confidential unless otherwise agreed in writing by the user and Umthombo.
17.3. Any personal information sent to Umthombo will be deemed to have been provided with the consent of the owner of the vehicle.
18. Refunds and Cancellation Policy
18.1. Umthombo is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Website and software and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Umthombo’s right to claim damages, should any user:
18.1.1. breach any of these Terms;
18.1.2. use the website and software in an unauthorised manner; or
18.1.3. infringe any statute, regulation, ordinance, or law.
18.2. Umthombo will refund the service fees to the user less any costs incurred, should the user decide to cancel the transaction. The user agrees that they will forfeit the service fee to the extent that the service and transaction is concluded prior to such a cancelation.
18.3. The user accepts that no refunds in terms of traffic department fees or any other regulatory department will be made if such fees were already paid to the relevant authorities.
18.4. Breach of these Terms entitles Umthombo to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Umthombo on an attorney and own client scale.
19. Compliance with laws
19.1. You shall comply with all applicable laws, statues, ordinances, and regulations pertaining to your use of and access to this website and software.
20. Notices
20.1. Except as explicitly stated otherwise, any notices shall be posted on our website or to the e-mail address you have provided to Umthombo, or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent unless the sending party is notified that the email address is invalid.
21. General
21.1. These Terms 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 South Africa.
21.2. Umthombo cannot be held responsible if the re-issuing of your licence disc is blocked due to AARTO Enforcement Orders or any other outstanding vehicle fines or penalties.
21.3. The user accepts that it is their responsibility to ensure that any outstanding AARTO enforcement orders and fines are settled or resolved prior to completing the application for renewal, change of ownership, registration or deregistration. Refer to AARTO website, www.aarto.gov.za
21.4. This website and software are controlled, operated, and administered by Umthombo from its offices within the Republic of South Africa. Umthombo makes no representation that the content of the Website and software is appropriate or available for use outside of South Africa. Users may not use this Website and software in violation of South African export laws and regulations. If the user accesses this website and mobile software applications from locations outside of South Africa, that user is responsible for compliance with all local laws.
21.5. Umthombo does not guarantee continuous, uninterrupted or secure access to our services, as the operation of our Website and software may be interfered with as a result of a number of factors which are outside of our control.
21.6. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
21.7. Umthombo’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
21.8. You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written notice to and consent of Umthombo.
21.9. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
21.10. The headnotes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
21.11. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females, and words importing persons shall include partnerships and corporate and unincorporated entities.
21.12. These Terms set forth the entire understanding and agreement between Umthombo and you, with respect to the subject matter hereof.