Terms and Conditions

These Terms and Conditions govern the use of the Fines SA platform.

Your consent
By using our platform, you consent to our privacy policy.

Changes
If we decide to change these terms and conditions (including our privacy policy), we will post those changes on this website.

Contacting Us
If you have any questions regarding these terms and conditions you may contact us at 0861 999 333 or .

Introduction
This website and any related applications is a product and service by Fines SA (Pty) Ltd (2020/129541/07) (“Fines SA”). Fines SA is a company duly incorporated in accordance with the laws of the Republic of South Africa (“RSA”). The director of Fines SA is Barry Berman. The registered postal and business address of Fines SA is The Foundry, unit 109A, ground floor, 74 Prestwich Street, Green Point, Cape Town, 8000. Fines SA appoints this address as it’s domicilium citandi et executandi for all purposes under this agreement.

The word “Tenant” will refer to any partner and/or subsidiary that uses this service to service their clients as a value-added product.
The word “Agent” will refer to any service provider and/or partner and/or subsidiary that works in conjunction with Fines SA to provide the services as discussed herein.
Fines SA and this website offers infringement management, fleet management and vehicle administration services.
The products and services on this website is available to holders of a South African ID only.
The terms of service and conditions herein applies to all electronic services provided by Fines SA including websites and applications (Thus “service” hereinafter will refer to all websites and applications).
These terms and conditions govern your use of this service; by using this service, you accept these terms and conditions in full.
If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this service.
This service is integrated with third party service providers who are authorised to access information relating to road and traffic infringements issued by the relevant local issuing authority.
All fine information that is furnished to you is received by us from such service providers who in turn obtain it from the local issuing authorities.
All licensing and vehicle data is retrieved by us from third party service providers or agents.
As Fines SA is reliant on the information received by it from third parties, and has no way of verifying this information independently, Fines SA is not liable or responsible for inaccurate information received by service providers and/or agents.

General
You must be at least 18 years of age to use this service. By using this service and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. This website is governed by the laws of South Africa. The South African courts shall have exclusive jurisdiction in regard to any dispute arising out of this service.

IP
Unless otherwise stated, Fines SA or persons related to it (as defined in the Companies Act, 2008) owns the intellectual property rights pertaining to this service and material in the service. Subject to any license granted as set out herein, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the service for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:

• republish material from this service (including republication on another service);
• sell, rent or sub-license material from the service;
• show any material from the service in public;
• reproduce, duplicate, copy or otherwise exploit material on this service for a commercial purpose;
• edit or otherwise modify any material on the service; or
• redistribute material from this service except for personal use or use within your organisation if you are juristic person.

USE
You must not use this service in any way that causes, or may cause:

• damage to the website or application impairment of the availability or accessibility of the website or application; or
• in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity

You must not use this service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this service without Fines SA express written consent. You must not use this service to transmit or send unsolicited commercial communications. You must not use this service for any purposes related to marketing without Fines SA express written consent. You may not use this service to collect fines and vehicle administration service data to perform these functions yourself.
Fines SA may at any time disable your user ID and password at its sole discretion without notice or explanation.

Privacy Policy and Information
Fines SA respects your privacy and is committed to protecting it.
This Privacy Policy is intended to inform you of our privacy practices and of the choices you can make about the way your information is collected online and how that information is utilized by us.
Certain pages on the website have been structured so that you can access the website without identifying yourself or revealing any personal information. However, should you wish to make full use of the website, you will be required to register and provide us with personal information and accordingly we have made this notice readily available on the home page of the website.
When you register on the website we need to collect certain personal information about you in order to provide you with the services you have requested. This information may include, but is not limited to: i) Name ii) Registration no or ID number; iii) Email Address iv) Contact Telephone Numbers.
Once you choose to register on the website and provide us with personal information, it will be used for the purposes of providing you with the services. We respect your privacy and undertake not to sell, rent or lease your personal information to others.
We will not disclose your personal information without your consent.
Certain non-personal information may be collected while you are using the website. This will comprise of data about usage and service operation that is not associated with a specific personal identity. Fines SA may collect and use this non-personal information to evaluate how the website is being used.
Personal data given to Fines SA may be transferred across provincial and national borders for the purposes of data consolidation, storage and simplified customer information management. Personal data given to Fines SA will be shared with Agents for purposes of providing the services to you. You confirm that you consent to the transfer and use of your personal information for these stated purposes.
Except as stated herein will not share personal information with any third parties without your permission, unless required by law enforcement action, subpoena, or local law. Fines SA will not use your personal information for a different purpose than the one stated when you provided your data.
Fines SA undertakes to take all reasonable measures to protect the information you provide.

Warranties
This service is provided “as is” without any representations or warranties, express or implied. Fines SA makes no representations or warranties in relation to this service or the information and materials provided on this service.
Without prejudice to the generality of the foregoing paragraph, Fines SA does not warrant that:

• this service will be constantly available, or
• available at all;
• nothing on this service constitutes, or
• is meant to constitute, advice of any kind.

Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF FINES SA TO YOU. EACH OF THE SUBCLAUSES BELOW ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED
Fines SA will not be liable to you (whether under the law of contact, the law of delict or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this service: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Fines SA will not be liable for any incorrect information and/or fine-data. Fines SA will not be liable for any loss or damages suffered by you due to fines that you are unaware of or which do not appear in any quotation or statement provided to you. Fines SA in no way guarantees complete and national coverage. Fines SA will not be liable for any act and/or omission by a Tenant and/or Agent.

These limitations of liability apply even if Fines SA has been expressly advised of the potential loss. By using this service, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable.

You accept that, Fines SA has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Fines SA officers or employees in respect of any losses you suffer in connection with the service. You agree that the limitations of warranties and liability set out in these terms and conditions will protect Fines SA officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

Without prejudice to Fines SA other rights under these terms and conditions, if you breach these terms and conditions in any way, Fines SA may take such action as they deems appropriate to deal with the breach, including suspending your access to the service, prohibiting you from accessing the service, blocking computers using your IP address from accessing the service, contacting your internet service provider to request that they block your access to the service and/or bringing court proceedings against you.

Your sole and exclusive right and remedy in case of dissatisfaction with the service, or any other grievance in connection with your use of the service, shall be your termination and discontinuation of access to, or use of, the service.

Variation
Fines SA may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this service from the date of the publication of the revised terms and conditions on this service. Please check this page regularly to ensure you are familiar with the current version.
Fines SA may transfer, sub-contract or otherwise deal with Fines SA’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Fees, Payments and Discounts
Fines SA shall furnish you with a quotation reflecting the amount which Fines SA estimates will be the amount required to settle the fine with the relevant the local issuing authorities (“settlement amount”). Once the quotation is accepted by you, Fines SA undertakes to procure that the fine in question is discharged. If the settlement amount is more or less than the actual cost incurred by Fines SA to discharge the fine, then such shortfall or surplus, as the case may be, shall be for the risk or benefit of Fines SA.

Payment of the settlement amount may be made via EFT into Fines SA bank account as displayed or cash, Zapper, Snapscan, credit or debit card. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand.

No Admission of Guilt
We charge a monitoring fee to track the status of the fines to ensure they do not progress to a summons, in which case we can then apply to have the fine rescinded or withdrawn. Should a summons be issued, we strongly advise redirecting the fine to the actual infringer, if applicable, to remove all liability for the owner and / or company proxy. If redirection is not possible, the alleged offender must appear in court before the public prosecutor and plead their case. Fines SA will then guide the alleged offender on the expected proceedings

Regarding Companies
The contact person and/or representative of the company warrants that he/she has the full authority to operate the account of the company. The company representative operating this system on behalf of the company warrants that the company agrees to these terms and conditions.

Miscellaneous
Main Municipality receipts can take up to 30 working days to reflect. Outside Municipalities can take up to 12 weeks to reflect due to additional procedures. Warrants can take up to a further 30 working days depending on the relevant court. If you are aware that you have an Admin Block against your ID then please advise us so that we can get this cleared off your name. All time period referred to herein are estimates only. Fines SA does not guarantee and will in no way be held liable for the duration in which it takes to discharge any fine.

These terms and conditions together with notices within the service and the applications constitute the entire agreement between you and Fines SA in relation to your use of this service and any application, and supersedes all previous agreements in respect of your use of this service.