GotYou Telematics Website Terms of Usage Policy

GotYou Telematics (Pty) Ltd – Reg: 2012/1777045/07

is a company incorporated in South Africa under South African law, that deals primarily with South African clients. As such our Privacy Policy is based upon South African Law.

1. WEBSITE TERMS AND CONDITIONS OF USAGE

Please read the following Website Legal Notice carefully as it contains the terms and conditions of usage of the GotYou Telematics websites and all related websites (“Website”) owned by GotYou Telematics Proprietary Limited (“GotYou Telematics”) as well as other important legal notices applicable to the end user accessing the Website (“User”) or (“You”).

All references to www.gotyou.co.za must be interpreted as referring to all GotYou Telematics web-sites listed above and referred to as (“Website”) above.

The User’s (Your) usage of the online information services contained on the Website constitutes Your acceptance of the Terms and Conditions of Usage contained below and Your arising obligations towards GotYou Telematics. GotYou Telematics may amend these Terms and Conditions of Usage at any time by posting the amended terms and conditions on the Website. All amended terms shall automatically become effective immediately after they are posted on the Website and any subsequent use of the site shall be governed by such amended terms. This agreement was last revised on 1 March 2020. You are advised to regularly check these terms and conditions for any amendments or updates.

1.1 Limited Liability of GotYou Telematics:

The User understands that usage of the Website is at the sole discretion and risk of the User. GotYou Telematics reserves the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. Notwithstanding the effort placed on maintaining the availability and accessibility of the Website. GotYou Telematics takes no responsibility for, and will not be liable for the Website being temporarily unavailable or inaccessible.

1.2 No Warranty:

The information contained on the Website is provided by GotYou Telematics and/or its partners, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. GotYou Telematics may not be held liable for any errors, inaccuracies or damages resulting from the information published on its websites.

1.3 Indemnification of GotYou Telematics:

You agree to defend, indemnify and hold GotYou Telematics, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, damages, actions, and liabilities including without limitation, your loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website or the software supporting/enabling the Website and reasonable legal and accounting fees, resulting from, or alleged to result from Your use of this Website or the software supporting/enabling the Website.

1.4 Unauthorised use of the Website:

The User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data that violates or infringes in any way upon the rights of GotYou Telematics or third parties, which is unlawful, defamatory or otherwise objectionable or which constitutes advertising of goods or services in the absence of written approval from GotYou Telematics. Unauthorised use of this Website may give rise to GotYou Telematics instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence and/or be liable for civil damages.

1.5 Website Links:

From time to time this Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information. Such links do not signify that GotYou Telematics endorses the website(s) linked to. You agree that GotYou Telematics shall have no responsibility or bear no liability in relation to the content of the linked website(s).You may not create a link to this Website from another website or document without GotYou Telematics prior consent in writing, in which case the terms of Your linking to the Website shall be governed by the terms of your “Linking Agreement” with GotYou Telematics.

1.6 Applicable Law and Jurisdiction:

You consent to the jurisdiction of the High Court of South Africa for the adjudication of any legal dispute between GotYou Telematics and You. This Website Legal Notice will be construed and interpreted in accordance with the laws of the Republic of South Africa.

1.7 Severability:

If any provision of this Website Legal Notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Website Legal Notice, which shall remain in full force and effect.

1.8 Website Intellectual Property:

This Website comprises of software and content (such as text, news headlines and summaries, articles, images and audio tracks, animation, photographs, video, music, sound and voice), designs, trademarks, (all names, marks, brands, logos, designs, trade dress, slogans used on/in connection with the website) and trade secrets that is the intellectual property of GotYou Telematics and/or various third parties subject to the intellectual property/other laws of South Africa and as applicable foreign laws, international conventions and treaties. Further and to the extent that GotYou Telematics does not own specific content or such content falls within the public domain, GotYou Telematics may hold copyright/further intellectual property rights in the selection, co-ordination, arrangement and enhancement of such content on the Website. Such third party content is subject to the applicable copyright restrictions, which vary by copyright holder. No license to GotYou Telematics intellectual property or the intellectual property of third parties has been granted to You unless otherwise indicated. Without limitation to the prohibitions placed on the User by contract or law and subject to 1.9

You expressly agree not to:

  • reproduce or use the aforementioned intellectual property either in print or electronic form in violation of the intellectual property rights of GotYou Telematics and/or such third parties as applicable;
  • commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website intellectual property without prior written approval of GotYou Telematics or in the case of third party content, the rights holder of such intellectual property;
  • not to claim or convey ownership of Website intellectual property either in its entirety or otherwise;
  • modify the Website content for the purposes of reposting to other websites;
  • alter or remove any trademark, copyright or other notice from the Website content; and
  • copy, store, or otherwise incorporate Website content or intellectual property into any other web site, electronic retrieval system, publication or other work.

1.9 Your publication of the Website content:

If you are an editor, producer or webmaster of a web site or other online publication you may include the Website headlines provided that you include the appropriate links to the corresponding articles on the Websites web server and mention:

“GotYou Telematics

as the source of these headlines and, as applicable, as the source of any third party news release. You agree to use a functional link to the full story on the Website that shall display the full content immediately. Websites wishing to make use of this permission must request such permission in writing on a case by case basis and GotYou Telematics reserves the right to deny Should an organisation or any other editor, producer or webmaster of a website or other online publication wish to re-publish a full version of the article on their website, or in print, then they should apply in writing for such permission for each article that they wish so to re-publish. You further agree not to frame or otherwise control the browser window (if any) in which the Website content opens, including limiting the size or position of such a window. You agree not to associate any Website content with any content that might harm the reputation of GotYou Telematics, its affiliated sites, authors, employees, contributors or partners. You agree not to use Website content on any site that displays pornographic material, exploits children, provides instruction on or promotes illegal activities, or is in any way misleading, obscene, defamatory, libelous, or invasive of personal privacy.

In the event of any uncertainty in this regard, you are advised to contact GotYou Telematics at info@gotyou.co.za

Permission must also be sought and attained from GotYou Telematics if you wish to place the Website’s linked headlines and summaries on your web site through the use of the RSS feeds available on GotYou Telematics websites. In such cases the applicable source of the headlines should be clearly published as above. However, You are not permitted to use more content than as provided through the RSS feed. Please note that the Company Announcement section of GotYou Telematics websites publish articles from news releases issued by third party companies and institutions. If you wish to quote from any part of these articles, we suggest that you credit the issuing company or institution as the original source of the news release, in addition to mentioning on which of GotYou Telematics sites is such as article has been published. Users agree not to copy and paste articles or parts of articles form the site, but to share the article by sending URL links to particular articles.

1.10 Cookie Policy:

Cookies on GotYou Telematics’s websites are used for the following purposes:

    • Subscriber Management:
      • Cookies ensure that subscribers are identified and allowed access to subscriber-specific pages
      • Cookies also store subscribers’ preferences, including the ‘remember password’ functionality
    • Website Measurement:
      • Cookies enable the recording and measuring of key website statistics such as page impressions, unique visitors and the average time spent on the website.

2. GOTYOU TELEMATICS INFORMATION AND WEBSITE COMPLIANCE

The following contains further information on GotYou Telematics and represents the information that must be provided by GotYou Telematics to You in compliance with Section 43 of the Electronic Communications and Transactions Act. This section of the Website Legal Notice was last revised on 22 July 2021. You are advised to regularly check this section of the Website Legal Notice for any amendments or updates.

Enquiries: info@gotyou.co.za

JURISDICTION

Any and all disputes relating to this Agreement, Privacy Policy, your Use of the Site, the Service or the Content are governed by and will be interpreted in accordance with, the laws of the Republic of South Africa.

COPYRIGHT

This document is the property of GotYou Telematics (Pty)Ltd.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at support@gotyou.co.za