PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE APP.
1.1. In this user agreement, the terms below have the following meanings:
1.1.2. "App" means the Pothole Patrol mobile application or the Pothole Patrol WhatsApp bot.
1.1.7. "we", "us", "our" and "Pothole Patrol" means Expoguys, Address: 3 Walton Road, Aeroton.
1.1.9. "you" and "your" means the user of the app.
1.1.10 “sponsors” means Discovery Insure Limited and AVIS.
1.1.10. "Processing of Information" means the automated or manual activity of collecting, recording, organising, storing, updating, distributing and removing or deleting personal information.
2.1. Your access to, and use of, the App is subject always to the terms and conditions set out in this user agreement.
3.1. By using the App, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, please do not continue to use the App.
3.2. When you install the App, you may be required to accept the terms and conditions or the end user licence agreement (collectively, the "EULA") of a third party supplier or vendor. While the EULA is independent from these terms and conditions and establishes a separate legal relationship which you are bound by, you agree that the EULA will apply to your use of the App.
3.3. You agree that this user agreement applies to any information accessed via the App.
4.1. We may change the terms and conditions of this user agreement at any time. We recommend that you familiarise yourself with this user agreement regularly.
4.2. The most updated version of this user agreement will apply each time that you access and use the App.
5.1. If you use the App, you must keep your access details (including, your username and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your username and password. You are only permitted to use one account. If you use more than one account, we may revoke all access.
5.4. You agree that the following actions shall be material breaches of these terms and conditions:
5.4.1. signing in as, or pretending to be, another person;
5.4.2. transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others.
5.4.3. using interactive services in a way that is intended to harm, or could result in harm, to you or to other users of the App; or
5.4.4. gathering information about others without obtaining their prior written consent.
5.5. You also agree that any use of your access details shall be regarded as if you were the person using such information.
You guarantee that all information provided by you at any time to us, will be true, accurate, current and correct and you undertake to update the information as and when required.
7.3. If you are a registered user of the App, you may receive communications from us electronically, including but not limited to push messages and WhatsApp.
7.4. We take all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.
8.1. All content made available on the App (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) is protected by South African and international copyright law.
8.2. No portion of the App may be copied or transmitted via any means available now or in the future.
8.3. Any unauthorised use, alteration or dissemination of the information or content on the App is prohibited.
8.4. You agree that if you breach the terms of this clause 8, we and our sponsors will have the right to claim damages from you, which will include the right to claim special, incidental, consequential or indirect damages. We and our sponsors will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
8.5. Nothing on the App should be regarded as granting any licence or right to use any trademark without our prior written permission.
9.2. We do not guarantee the operation of the App or the information, content, tools or materials on the App. You agree that you use the App at your own risk.
9.3. We do not guarantee that the App; or that any electronic communications sent by us are free from viruses or other harmful components. We will not be liable for any damages of any kind arising from your use of the App or from any information, content, tools or materials included on or otherwise made available to you through the App, including for direct, incidental, punitive and/or consequential damages.
9.4. We are fully committed to providing you with the best possible service. However, we are not responsible for any direct or indirect loss or damages that may arise from:
9.4.1. any of the events described in this paragraph or the paragraphs above
9.4.2. your actions or omissions that result in a breach of this user agreement;
9.4.3. any links to other websites from the App. You also acknowledge that we cannot control the content of or the products offered on those websites;
9.4.4. a denial of access to the App should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the App or put us and our sponsors in disrepute; or
9.4.5. your reliance on any of the information, content, tools or materials that you obtain from the App.
10.1. You agree to fully indemnify and hold harmless Expoguys, its owners, employees, and sponsors against any claim, loss or damages which you may incur or suffer as a result of your use of the App.
10.2 You agree to fully indemnify and hold harmless Expoguys and our sponsors from damages which you may incur as a result of a pothole, whether such damages arise as a result of the repair or failure to repair a pothole or otherwise.
11.1. If you receive an unsolicited e-mail that appears to be from us and that requests you to provide personal information (such as your credit card number, username, or password), or that asks you to verify or confirm your information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer."
11.2. We will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to "phishing" places you and your personal information at risk. We cannot be responsible for any consequences resulting from your response to any email sent by a "phisher" or a "spoofer".
12.1. The App may contain certain images and links to other third party websites and applications with information, content or material produced by other parties. These linked third party websites are not under our control and we are not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.
12.4. Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.
12.3. From time to time we may employ the services of third parties to assist with the hosting and management of certain services and aspects of the App. We apply every effort to ensure that our sub-contractors comply with our Privacy Statement and widely accepted security standards and they will be accountable for any non-compliance.
17.1. By accessing and using the App, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.
14.1. The headings of the clauses in this user agreement is provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this user agreement.
14.2. If any provision of this user agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement.
14.3. No failure or delay by Expoguys to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this user agreement.
This privacy statement is complementary to, and should be read and understood with, the general terms and conditions of the user agreement set out in the section above.
1.1. The purpose of this privacy statement is to set out how we collect, use, share and otherwise process your personal information when you use the App.
1.2. When you engage with us, you trust us with personal information about yourself
1.3. You have the right to object to the processing of your personal information. It is voluntary to accept these terms and conditions. However, we require your acceptance to enable you to use this App and to provide you with pothole repair services.
2.1. Whenever you use the App, contact Pothole Patrol electronically or use the services tools or utilities offered by Pothole Patrol on the App, Pothole Patrol will collect your personal information.
2.2. If you share your personal information with any third parties, we will not be responsible for any loss suffered by you, your dependents or spouse as a result of those third parties’ use of your personal information.
2.4. If you are giving consent for a person under 18 (a minor) you confirm that you have authority to give their consent on their behalf.
3.1. You agree that we may process your personal information for all purposes that relate to the App and the products, services, facilities, tools or utilities offered on the App.
3.3. You also confirm that we may share and combine all your personal information for any one or more of the following purposes:
3.3.1 market, statistical and academic research; and
3.3.2 to customise our benefits and services to meet your needs
3.5. Your privacy is important to us and we will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent.
3.6. You agree that we may transfer your personal information outside South Africa:
We will ensure that any country, company or person that we pass your personal information to agrees to treat your information with the same level of protection as we are obliged to.
3.7. You agree that we may communicate with you electronically about any changes to your request for a pothole repair.
3.9. We may process your information using automated means (without human intervention in the decision making process) to make a decision about your pothole repair request.
4.1. If you subscribe to or avail yourself of services on the App that require your real-time location, you consent to us determining your real-time location when we provide those services to you. To determine your location, we will collect the latitude and longitude of your device/s as well as information relating to your using on or more of the following:
4.1.1 GPS:
4.1.2 IP address;
4.1.3 Sensor data from your devices; and
4.1.4 Cell phone towers and Bluetooth-enabled devices near your device.
4.3. If you would no longer like us to collect location data, you may adjust your device settings. This may prevent us from being able to provide services to you.
5.1. We value the information that you choose to provide and will take appropriate, reasonable technical and organisational steps to protect your personal information from loss, misuse or unauthorised alteration. The information Pothole Patrol has concerning users is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.
7.1. Because Pothole Patrol is not responsible for any representations or information or warranties or content on any third party website (including third party websites linked to this website, websites facilitated by us or websites that serve as social networks like Facebook or Twitter), Pothole Patrol does not exercise control over the privacy policies of these third parties and you should refer to the privacy policy of these third parties to see how they protect your privacy.
7.2. Pothole Patrol may enter into arrangements with its partners and other third party suppliers in order for them to provide services to you. Those arrangements may require us to disclose your personal information to them, whether in person or by means of an application or the Pothole Patrol App.
7.2.1. If a third party asks us for any of your personal information, we will share it with them only if:
(a) you have already given your consent for the disclosure of this information to that third party; or
(b ) we have a legal or contractual duty to give the information to that third party.
7.3. You agree that your personal information may be shared with third parties such as academics and researchers and all data will be made anonymous to the extent possible and where appropriate. No personal information will be made available to a third party unless that third party has agreed to abide by strict confidentiality protocols that we require. If we publish the results of this research, you will not be identified by name.
If we want to share your personal information for any other reason, we will do so only with your permission.
7.4. If we become involved in a proposed or actual merger, acquisition or any form of sale of any assets, we have the right to share your personal information with the third parties in connection with the transaction. In the case of a merger, acquisition or sale, the new entity will have access to your personal information. The terms of the Privacy Statement will continue to apply.
8.1. Pothole Patrol uses cookies. We use the word "cookie" to refer to information that is sent from the App to your device hard drive, where it is saved. In this way, the next time you use the App, Pothole Patrol will know who you are and that you have visited the App before. We also collect information about how you use the App, your preferences and past browsing history.
8.2. Pothole Patrol engages third parties that help us deliver banner advertisements and other online communications. Those third parties may collect and use information about Pothole Patrol customers to help us understand the offers, promotions, and types of advertising that are most appealing to our customers. The personal information they collect is aggregated and cannot be linked to a person.
8.3. Third party vendors such as Google Marketing Platform show Pothole Patrol ads on sites on the internet.
8.4. Users may opt out of Google Marketing Platform's use of cookies by visiting the Network Advertising Initiative opt out page.
9.1. You have an obligation to notify us if any of your personal information held by Pothole Patrol has changed or is no longer valid. To ensure our records are up to date, you can e-mail us at contact@potholepatrol.co.za__ or you can phone our contact centre.
9.2. You have the right to know what personal information we hold about you. If you wish to receive a copy, please complete a form called an 'Access Request Form' on http://potholepatrol.co.za and specify the information you would like. We will take all reasonable steps to confirm your identity before providing details of your personal information
Please note that we are entitled to charge a legally allowable fee for this service and will let you know what it is at the time of your request.
9.3. You have the right to ask us to update, correct or delete your personal information. Where we cannot delete your personal information, we will take all steps to make it anonymous. You agree that we may keep your personal information until you ask us to delete or destroy it. This is unless the law requires us to keep it or dispose thereof.
10.1. Pothole Patrol may amend this privacy statement at any time. We will give you notice of any material changes within a reasonable time, however, we recommend that you familiarise yourself with this privacy statement regularly.
10.2. The most updated version of this privacy statement will govern the respective rights and obligations between you and Pothole Patrol each time that you access and use the Site.
11.1. This privacy statement is governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this privacy statement.
If you believe that we have used your personal information contrary to this Privacy Statement, you must first attempt to resolve any concerns with us. If you are not satisfied after this process, you have the right to lodge a complaint with the Information Regulator, under the Protection of Personal Information Act.
The contact details are:
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The Information Regulator (South Africa) Braamfontein Johannesburg P.O Box 31533 |
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Complaints email: |
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General enquiries email: |