Terms and conditions

TRAFFIC SERVICE:
The subscription traffic service is provided jointly by AfriGIS and TrafficNet.

SUBSCRIPTION FEE:
The subscription fee for the traffic service is R5 per calendar week (Monday through Sunday). This fee will be charged to the registered subscriber's cell phone account after 12:00 AM on Monday morning each week. Subscribers will only be billed a week after registering, the service is free for the first week after registration.

DELIVERY OF SERVICE:
Subscribers will receive an SMS upon registration containing the WAP access URL to their traffic profile. Furthermore, subscribers can choose to receive a 'day pass' SMS on their registered mobile number containing the WAP access URL to their traffic profile. The frequency of the 'day pass' SMS can be set to Daily, Weekdays, Weekdays and Saturday, Weekdays and Sunday, or Off. The time of receiving the 'day pass' SMS can also be set. The link can be used to access the subscriber's traffic profile at any time during the ensuing 24 hours. Traffic reports can be set up by choosing from the Predefined major routes, building a custom route in the My routes option or getting traffic incident reports in the Additional suburbs option. Information is deemed reliable but is not guaranteed. A WAP or GPRS enabled mobile phone is required to use this service. Only MTN and Vodacom subscribers will have access to the traffic service.

CANCELLATION OF SUBSCRIPTION:
There are two ways of cancelling the subscription to the traffic service:
a) SMS the word "STOP YELLOW" to 32530.
b) Click on "Deactivate account" on the My account page on WAP or in the menu on Web.
After cancellation, the subscriber's account will remain active for the rest of the week and they will still be able to view traffic reports until midnight on Sunday. The account will be deactivated after 12:00 AM on Monday morning and the subscriber will no longer be able to view traffic reports. The subscriber will still be able to log into their traffic profile, but will not have access to traffic reports until their account is reactivated.

REGISTRATION:
a) Completing the registration process signifies acceptance of these terms and conditions without any modification. On completion of the registration these terms and conditions will form a binding legal agreement between the user and AfriGIS.
b) The traffic service is only for the personal use of the subscriber and the information provided may not be used for any other purpose including but not limited to onward transmission to other parties, incorporation in any website or broadcasting by any means, and notwithstanding whether such use is for direct or indirect financial gain or otherwise.
c) The user must ensure that all the details provided are true and correct. AfriGIS and TrafficNet shall not be liable for any expenses, costs or damages incurred as a result of the submission of incorrect details.

VALUE ADDED TAX:
All prices include VAT.

DELIVERY OF INFORMATION:
Traffic information is displayed on-line and on WAP. Please refer to the minimum specifications to view information.

AGREEMENT OF SERVICE:
a) An agreement of service only comes into effect if and when a payment confirmation from the cellular network service provider is received.
b) AfriGIS and TrafficNet reserve the right to refuse to accept and/or execute an order without giving any reasons. AfriGIS and TrafficNet also reserve the right to cancel services in whole or in part as circumstances dictate. In such circumstances AfriGIS and TrafficNet shall only be liable to refund monies already paid by the user for that week.

SUPPORT:
For support regarding the traffic service:
a) Send an e-mail to traffic_support@afrigis.co.za
b) Submit feedback via the Feedback page on WAP or Web.

GOVERNING LAW:
This service is hosted, controlled and operated from the Republic of South Africa and is therefore governed by South African law.

PRIVACY:
a) AfriGIS and TrafficNet shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
b) AfriGIS and TrafficNet may electronically collect, store and use the following personal information of users: name and surname; cell phone number; birth date; gender; country of residence; closest city; address; non-personal browsing habits and click patterns; e-mail address; and IP address.
c) AfriGIS and TrafficNet collect, store and use the above-mentioned information for the following purposes: to deliver traffic information to the user, to greet the user when he/she logs into the web site; subject to the user's consent, inform the user of facts relating to his/her access and use of the service; subject to the user's consent, inform the user about competitions and special offers from AfriGIS and TrafficNet and/or their partners/affiliates; to compile non-personal statistical information about browsing habits, click-patterns and access to the service.
d) Information detailed above is collected either electronically by using cookies or is provided voluntarily by the user. Users may determine cookie use independently through their browser settings.
e) The user may elect not to receive any additional communications other that the traffic information from AfriGIS and TrafficNet and/or their partners/affiliate
f) AfriGIS and TrafficNet may collect, maintain, save, compile, share, and disclose any information collected from users, subject to the following provisions:
g) AfriGIS and TrafficNet shall not disclose personal information from users unless the user consents thereto;
h) AfriGIS and TrafficNet shall disclose information without the user's consent only through due legal process; and
i) AfriGIS and TrafficNet may compile, use and share any information that does not relate to any specific individual.
j) AfriGIS and TrafficNet own and retain all rights to non-personal statistical information collected and compiled.
k) By using the service the subscriber agrees that they may be located by the network operators who will provide such information to AfriGIS for purposes of providing the service.

SECURITY:
a) Any person who delivers or attempts to deliver any damaging code to the site or attempts to gain unauthorized access to any page on the site shall be prosecuted and civil damages shall be claimed in the event that AfriGIS or TrafficNet suffer any damage or loss. b) The user agrees and warrants that his/her log-in name and password shall be used for personal use only and will not be disclosed to any third party. c) The user allows AfriGIS and TrafficNet to take all reasonable steps to ensure the integrity and security of the service and back-office applications.

CHANGES TO AGREEMENT:
AfriGIS and TrafficNet may change this agreement or any part thereof at any time without notice.