TERMS OF SERVICE AGREEMENT

Please read the following Terms of Service Agreement (“Agreement”) carefully before downloading the ROADSAVE Application or accessing the ROADSAVE service. By downloading, installing, accessing and/or using the ROADSAVE Application (“the Application”) or otherwise subscribing to the service, you (the “Member”) indicate that you have understood and agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, please do not download the ROADSAVE Application or use the service. ROADSAVE may amend this Agreement at any time. All amended terms shall be effective automatically and immediately upon the publication of the revised Agreement (specifying a version reference) and any subsequent activity in relation to the Application or the service shall be governed by such amended Agreement. You are advised to regularly consult the Website (www.roadsave.co.za) for any amendments. ROADSAVE’s Privacy Policy is incorporated by reference into this Agreement.

This Agreement was last revised on 11 October 2022
Version 2.4

Hide Table of Content

Show Table of Content

  • Table of Contents

Hide Table of Content

Show Table of Content

  • Table of Contents

1. DEFINITIONS

1.1. In this Agreement the following definitions apply:

Accepted Offer means the Offer extended by the Provider to the Member in response to a Listing, which Offer has been accepted by the Member;

Ad-hoc Communication means any correspondence delivered by any means to a Provider by the Member, and vice versa, that specifically relates to the day-to-day operations of the Provider in providing a Marketplace Item to a Member;

Application means software that may be utilised to access the RoadSave Services, and includes the mobile application and chatbot;

Business Day means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa;

Commencement Date means the date on with the Member subscribes for a Membership to the RoadSave Services;

Concluded Deal means the conclusion of a Deal Agreement where the applicable Marketplace Items(s) has been provided to the Member by the Provider;

Confidential Information means any material, knowledge, information and data (verbal, electronic, written or any other form) concerning either Party (“Disclosing Party”) or its businesses not generally known to the public consisting of, but not limited to, commercial information, know-how, trade secrets, processes, product, price, inventions, discoveries, plans, concepts, designs, blueprints, drawings, models, devices, equipment, apparatus, products, prototypes, formulae, algorithms, techniques, research projects, compute programs, software, firmware, hardware, business, development and marketing plans, merchandising systems, financial and pricing data, information concerning investors, customers, dealers, consultants and employees, and any other concepts, ideas or information involving or relating to the business which, if misused or disclosed, could adversely affect RoadSave’s business, and data in whatever form belonging to either of the Parties to these Terms and, in addition, includes “personal information” as defined in The Protection of Personal Information Act number 4 of 2013 relating to natural and juristic persons. The foregoing restrictions will not apply to information that – (a) on the signing date, was generally known to the public; (b) was disclosed to by the Disclosing Party to the other Party (“Receiving Party”) for reasons not necessary or in accordance with the provisions of these Terms; (c) became generally known to the public after the signing date other than as a result of an act or omission of the Receiving Party; (d) was rightfully known to the Receiving Party, prior to receiving the information from the Disclosing Party; (e) was disclosed by the Disclosing Party to third parties generally without restrictions on use and disclosure; (f) was lawfully received by the Receiving Party from a third party, without that third party’s breach of an agreement or obligation; or (g)  was information that was independently developed by the Receiving Party;

Content shall mean photos, media, videos, information and the like uploaded by or on behalf of a Member onto the Website or Marketplace;

Deal Agreement means the agreement entered into or to be entered into between the Provider and the Member in relation to the Marketplace Deal where the Provider shall provide Marketplace Item(s) to a Member;

Final Offer means an Offer where no further negotiation will be entered into between the Member and the Provider;

Intellectual Property means without limitation, all patents, trademarks, designs, design rights, copyright (including all copyright in any designs and computer software), source codes, proprietary material, know-how, ideas, concepts, trade secrets, methods, techniques, rights in databases, models, reports, statements, templates, software tools, utilities and routines, Confidential Information and/or all other intellectual property rights and/or rights of a similar character or nature as well as any changes or additions or adaptions thereto (if any), whether registered or not or capable of registration or not, together with the rights in the nature of any of the aforesaid items, in any country or jurisdiction and all applications and rights to apply for protection of any of the same;

Listing means a request, posted on the Marketplace by a Member, for the provision of Marketplace Items;

Lost Deal means an Accepted Offer which does not result in a Concluded Deal;

Marketplace means the RoadSave electronic marketplace, accessible by means of the Website, on which, inter alia, Members create Listings and Marketplace Deals are concluded;

Marketplace Deal means where the terms and conditions associated with an Accepted Offer have been accepted, and which now constitutes a valid and binding agreement between the Member and the Provider;

Marketplace Items means the service and/or products provided by Provider on the Marketplace;

Member means a subscriber to the RoadSave Services, and includes any reference to “you” and “your”;

Membership means the membership for which the Member subscribes, by means of the Website;

Motor Vehicle shall mean a motor vehicle as defined in the National Road Traffic Act, 1996 but specifically excludes motorcycles and quad motorcycles, which definitions are also located in the National Road traffic Act, 1996;

Offer means an offer made by a Provider to the Member in response to a Listing to provide Marketplace Item(s);

Offer Price means the price associated with an Offer to a Member to provide Marketplace Item(s);

Parties means RoadSave and Member, and “Party” means any one of them as the context may require;

Privacy Policy means RoadSave’s Privacy Policy which is to be read as if specifically incorporated herein, which can be found here;

Provider means the person or entity who has registered with RoadSave as a provider, providing Marketplace Items, and which is authorised to make Offers on Listings using the Marketplace;

Provider Offer means the Offer from the Provider on a Listing;

Provider Promotion means the Provider discounts and/or promotions for Marketplace Item(s) and/or related products/services shared by the Provider with RoadSave from time to time;

Rejected Offer means an Offer rejected by a Member, allowing the Provider to amend or make a Final Offer;

RoadSave means CrashDetech (Pty) Ltd t/a RoadSave, with company registration number 2014/144195/07, and includes any reference to “we”, “our”, “us” or “its”;

RoadSave Services means the service provided by RoadSave in accordance with the subscription selected by the Member on the Website, and as detailed on the Website;

Serious Motor Vehicle Accident means a motor vehicle accident where the Member has suffered serious bodily injury resulting in incapacity and/or the Member’s motor vehicle is seriously impaired;

Terms means these Terms and Conditions, the Membership terms and the Privacy Policy collectively;

Terms and Conditions means these terms and conditions, including its annexures and addendums concluded from time to time between the Parties;

Territory means the Republic of South Africa;

VAT means value-added tax as levied from time to time in terms of the VAT Act;

VAT Act means the Value-Added Tax Act, No 89 of 1991; and

Website means the website, on which, amongst other things, the Marketplace is operated, as owned, hosted and managed by RoadSave situated at https://www.roadsave.co.za and https://marketplace.roadsave.co.za. Any reference to Website shall automatically include any Application made available from time to time which facilitates access to RoadSave Services and/or the Marketplace.

1.2. Any reference to the singular includes the plural and vice versa.

1.3. Any reference to natural persons includes legal persons and vice versa.

1.4. Any reference to a gender includes the other genders.

1.5. Any words used in these Terms and Conditions shall be assigned their ordinary meaning, unless otherwise defined.

1.6. Clause headings shall not affect the interpretation of these Terms.

1.7. The rule of construction that, in the event of ambiguity, the Terms shall be interpreted against the Party responsible for the drafting or preparation thereof shall not apply to the Terms.

1.8. The invalidity, illegality or unenforceability of any of the provisions of these Terms shall not affect the validity, legality and enforceability of the remaining provisions of these Terms.

1.9. The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

1.9.1. Any reference in these Terms to:

1.9.1.1. “business hours” shall be construed as being the hours between 08h30 and 17h00 on any Business Day. Any reference to time shall be based upon South African Standard Time;

1.9.1.2. “days” shall be construed as calendar days unless qualified by the word “business”, in which instance a “Business Day” will be any day other than a Saturday, Sunday or public holiday as gazetted by the government of South Africa from time to time;

1.9.1.3. “laws” means all constitutions; statutes; regulations; by-laws; codes; ordinances; decrees; rules; judicial, arbitral, administrative, ministerial, departmental or regulatory judgments, orders, decisions, rulings, or awards; policies; voluntary restraints; guidelines; directives; compliance notices; abatement notices; agreements with, requirements of, or instructions by any Governmental Body; and the common law, and “law” shall have a similar meaning;

1.9.1.4. “subsidiary”, “holding company”, “related” and “inter-related” shall have the meanings ascribed thereto in the Companies Act;

1.9.1.5. “person” means any natural person, company, close corporation, trust, partnership, joint venture, association, unincorporated association, Governmental Body, or other entity whether or not having separate legal personality; and

1.9.1.6. “tax” means all income tax, capital gains tax, secondary tax on companies (or any similar tax replacing or substituting it), dividend tax, VAT, stamp duty, securities transfer tax, uncertificated securities tax, PAYE, levies, assessments, imposts, deductions, charges and withholdings whatsoever in terms of any tax legislation, and includes all penalties and interest payable as a consequence of any failure or delay in paying any taxes.

1.9.2. The words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.

1.9.3. A reference to any statutory enactment shall be construed as a reference to that enactment as at the Commencement Date and as amended or substituted from time to time.

1.9.4. Unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a Business Day, the next succeeding Business Day.

1.9.5. Except to the extent that any provision of these Terms expressly provides otherwise, if the only day or the last day for the exercise of any right, performance of any obligation or taking (or procuring the taking of) any action in terms of any provision of these Terms falls on a day which is not a Business Day, such right shall be capable of being exercised, or such obligation performed or action taken on the immediately succeeding Business Day.

 

2. THE ROADSAVE SERVICE

2.1. In the case of paid RoadSave Services, subject to the payment of RoadSave Service fee(s), and the terms and conditions of such RoadSave Service, the Member shall receive the RoadSave Service(s) as outlined on www.roadsave.co.za (Subscriptions section), which is more fully described on the RoadSave knowledge base which can be accessed here: support.roadsave.co.za.

2.2. In the case of free RoadSave Services (no RoadSave Service fee), subject to the terms and conditions of such RoadSave Service, the Member shall receive the RoadSave Service(s) as outlined on www.roadsave.co.za (Subscriptions section), which is more fully described on the RoadSave knowledge base which can be accessed here: support.roadsave.co.za.

2.3. In the case of competitions and/or promotions: The competition/promotion will be dealt with in accordance with RoadSave’s Competition Terms, the terms and conditions of service set out herein and South African legislation as it may apply. The Competition Terms may be accessed here.

2.4. In the case of Quick Quote services: The quotes are based on limited information, provided by you on the electronic form. The quotes are therefore only illustrative and not a binding offer. The quotes are subject to change, based upon the verification and further consideration of more comprehensive risk related information that you will be required to disclose, when you agree to the third party, insurer or broker contacting you. By inserting and/or verifying your ID Number, you consent to RoadSave and RoadSave third-parties (such third-parties as specified in the Privacy Policy) processing your personal information in order to provide the RoadSave Services and you accept and agree to be bound by our Privacy Policy. Processing includes sharing your information with a registered credit bureau. The information will only be used to simplify the quote process and does not impact your credit rating. Pre-populated information displayed is retrieved from the credit bureau directly. 

2.5. In the case of Motor Vehicle License Renewal services: Currently we only make provision for vehicles registered and licensed in the Gauteng Province, other provinces will follow in the near future.  You agree that all information provided is true and correct and done with the sole permission of the registered owner of the vehicle. RoadSave and/or their partners will not be held responsible or take responsibility for information that was provided incorrectly by you. Should incorrect information be provided (specifically Tare/Tarra of vehicle) the RoadSave quote provided might be incorrect, which could result in a short payment. Even though RoadSave will do its utmost to assist with the license renewal, our system cannot supply the following information prior to the vehicle licence disc being renewed: Vehicle licence blocked by an AARTO enforcement order, Vehicle licence blocked by other unlicensed vehicle/s, or vehicle where CRW is required. (Roadworthy state of vehicle). Our system does not allow for assistance of vehicles licensed more than 5 years ago. RoadSave and/or their partners cannot be held responsible if the re-issuing of your licence disc is blocked due to AARTO enforcement orders or other outstanding vehicle licences. If you are not sure if you have any outstanding enforcement orders please visit the AARTO website: www.aarto.gov.za. No refund can be done on a licence transaction once the licence has been processed and paid for.  Accounts have to be settled in full before the licence disc will be delivered. Once a licence has been processed and paid for, it cannot be cancelled irrespective of whether you have received a disc or not, as the licence fee for the specific vehicle has been paid.

2.6. In the case of Fines services: We will provide you with a quotation reflecting an amount which we will charge you as part of our undertaking to discharge you from your fine liability. This amount shall include both the discharge of the fine, as well as services provided by RoadSave and/or our fine processing providers as part of our undertaking to ensure such discharge. RoadSave shall benefit or incur the cost of any shortfall or surplus in the settlement amount exceeding or equal to the actual costs incurred by it in relation to your discharge of the fine liability. By paying the quoted amount to RoadSave, you authorise a representative of RoadSave and/or their fines processing provider to act on your behalf in relation to the fine, including to communicate with any relevant persons, and to handle the fine as RoadSave and/or its fine processing provider deems sufficient in order to discharge your liability.

2.7. In the case of Pothole Assist service: Service is limited to vehicle damage because of a pothole on a road within the borders of the Republic of South Africa. Pothole Assist cannot guarantee that the road agency or municipality will accept liability for the pothole damage and pay for the damage.

2.8. No RoadSave Service will be provided:

2.8.1. if the Member has already claimed or is in the process of claiming for the damage from their Insurance Company; and/or

2.8.2. if the incident is not reported to us within 5 (five) Business Days of the incident.

2.9. Where the assessor does not substantiate the merits of the case; if the beneficiary does not agree, or there is material conflict between the beneficiary’s assessment and that of the assessor, then the case will be referred to the Pothole Assist Arbitration Panel (“the Panel”). The decision of the Panel will be final and binding on all the parties thereto. The Panel will consist of an admitted attorney, as well as a tyre expert from a leading tyre retailer. Pothole Assist will not be responsible for any costs incurred in referring your case to the Panel.

2.10. Any costs incurred by you in being approached by an outside party, without written consent from Pothole Assist will not be covered.

2.11. You are always free to get outside second opinions but the costs of these will not be borne by Pothole Assist unless prior approval has been secured in writing.

2.12. Subscription Fees must be fully paid up at the time of the incident.

2.13. At the time of the incident you must comply with all the legal and regulatory requirements of the Roads Acts of South Africa and other such relevant legislation.

2.14. Pothole Assist does not guarantee recovery from the relevant roads agency but will endeavour to obtain the best possible settlement for you.

2.15. What are the RoadSave Service Level Commitments?:

2.15.1. The claim is activated once you have registered it with Pothole Assist. Thereafter, there will be a 5 (five) – 20 (twenty) Business Day turnaround period from the time that all supporting documentation has been received to get an initial response from the relevant road agency. Please note that it can take from 6 (six) weeks to 6 (six) months to get an outcome on the claim.

2.15.2. In the case of Motor Expert service:

2.15.2.1. Provide advice on a quote / repair that you may not quite understand or act on your behalf to determine that the correct diagnosis has been carried out and/or negotiate better service and replacement/repair costs through collective bargaining, regarding:

2.15.2.1.1. labour rates on service and repairs;

2.15.2.1.2. parts discount;

2.15.2.1.3. utilisation of alternative parts, where applicable;

2.15.2.1.4. tyres alignment and balancing;

2.15.2.1.5. technical advice on purchasing a vehicle suitable for your tastes, lifestyle and budget; and

2.15.2.1.6. information about expected running / maintenance costs of a particular vehicle / model. This could greatly assist the purchaser with the vehicle purchase decision.

2.15.2.2. Defining each and clarifying the differences between the following:

2.15.2.2.1. mechanical breakdown warranty;

2.15.2.2.2. manufacturer warranty;

2.15.2.2.3. service plan;

2.15.2.2.4. limited maintenance plan;

2.15.2.2.5. full maintenance plan;

2.15.2.2.6. advice whether service, maintenance and repair costs are within Industry recommended guidelines;

2.15.2.2.7. options regarding where a vehicle can be serviced and / or repaired at the Member’s convenience simply by using our location based services, and sending you the contact details of the repairers in your area;

2.15.2.2.8. what to do to ensure that the manufacturer warranty / service plan / maintenance plan remains valid;

2.15.2.2.9. assistance in trying to resolve an unsatisfactory situation with a manufacturer / dealer / repairer; and

2.15.2.2.10. how to approach selling a car privately by offering an updated Retail and Trade price for your specific vehicles model and make.

2.16. Limitations:

2.16.1. Motor Expert shall operate only for the duration or period that the payment has successfully been received.

2.16.2. The services provided by the Motor Expert Service are strictly and specifically limited to the list of services as detailed in Benefits. This list represents the full and complete list of services provided. Please note that no other services will be provided by the Motor Expert Service. 

2.16.3. Motor Expert is an advisory or action service only. It is not a resolution service. Therefore, it is neither responsible nor liable for the resolution of any matters whatsoever. While every effort has been made to ensure that information/advice provided is correct – no responsibility will be accepted for negative consequences as a result of the taking of the advice offered. The final decision lies solely at the discretion of the Member, and RoadSave will not be held responsible for any actions taken thereafter.

2.16.4. RoadSave will not arbitrate in any dispute relating to any matter between the Member and any other party.  

2.16.5. In the event that Motor Expert is unable to provide advice on a specific matter, the Member may be referred to an appropriate institution/party believed to be equipped to provide advice to the Member. Motor Expert will not be held responsible or liable for any negative consequences that may arise out of such advice. 

2.16.6. The Member shall not assign any of his/her rights and obligations hereunder to any other party, save with the prior written consent of RoadSave and solely at RoadSave’s discretion.

2.16.7. RoadSave shall have the right to assign all of the rights and obligations under these Terms and/or the RoadSave Service(s) or to delegate all or some of their obligations or to cede all or some of its rights hereunder, but not to the detriment of the Member.

2.16.8. There is no limitation to the number of times a Member may utilise the Motor Expert Service. (Membership validity is reliant on successful payment).

2.16.9. RoadSave is not liable for any vehicle assessment costs for any assessment it may recommend. The cost of assessment is for the Member’s account.

2.17. Member’s responsibility:

2.17.1. The Member is responsible for the provision of accurate and truthful information to RoadSave when utilising the Motor Expert Service.

2.17.2. In matters that involve a Vehicle Manufacturer or Manufacturer-Franchised Dealer:

It is important that the Member adheres to Manufacturer-recommended guidelines with regard to every aspect of the Vehicle, including, but not limited to:

2.17.2.1. service requirements; and

2.17.2.2. vehicle application, etc.

2.17.2.3. Such adherence may increase the Member’s chance of success in any matter in dispute.

2.17.3. The Member must retain all applicable receipts and records in the event of any relevant matter that is referred to the Motor Expert for advice. These may be referred to in the specific matter, and in the event of a dispute, may increase the Member’s chance of success.

2.17.4. RoadSave may deem it necessary to recommend an independent assessor to inspect the Member’s vehicle to establish greater detail regarding a specific mechanical situation. It is the Member’s responsibility to ensure that the applicable vehicle is made available for assessment. Please note that the cost of assessment is for the Member’s account.

Please note: No responsibility will be accepted for negative consequences as a result of the taking of the advice offered by the independent assessor. The final decision lies solely at the discretion of the Member, and RoadSave will not be held responsible for any actions taken thereafter.

2.18. In the case of Roadside Assistance/Security services. Assistance will be provided on a Member-to-pay basis in the following incidents:

2.18.1. Where the first payment for the subscription has not been received and/or where the subscription which includes Roadside Assistance/Security has not been active for more than 3 (three) days and/or where the account is in arrears (eg debit order not received/reversed). This prevents potential misuse.

2.18.2. Costs incurred for assistance following an attempted theft, or hi-jacking will be for the Member’s account. Members will be advised that these costs need to be recovered from their insurance company directly.

2.18.3. Vehicles not registered on the contract and or policy. The cost of repair of parts, such as new batteries, tyres, locks, keys, etc.

2.18.4. The cost of towing or repairs if RoadSave did not request the service.

2.18.5. Vehicles not registered under the Road Traffic Act or similar legislation applicable in South Africa.

2.18.6. Vehicles that are un-roadworthy or clearly in a state of neglect.

2.18.7. Recovery of a vehicle, i.e. any costs incurred in order to move a disabled vehicle into a position to facilitate a tow.

2.18.8. Any damages that may be caused by external factors i.e. potholes, road works etc.

2.18.9. IMPORTANT: Roadside Assistance is limited to 2 (two) incidents per annum per individual. This includes instances where one individual has signed up for packages which includes Roadside Assistance on different occasions during the same year.

3. SUBSCRIPTION TO THE SERVICE

3.1. Members subscribe to the RoadSave Service in the following ways:

3.1.1. via a third party promoting RoadSave Services; or

3.1.2. via the Website.

3.2. The Member shall not be entitled to cede, transfer or assign any of the rights in terms of these Terms.

3.3. Subscription to become a Member shall require:

3.3.1. the provision of certain personal information, as set out in the Privacy Policy; and

3.3.2. the verification of personal information where we may deem fit.

3.4. RoadSave reserves the right to refuse a subscription application at its own discretion and without supplying any reason for its decision.

3.5. RoadSave shall advise whether or not the subscription application was successful.

 

4. MARKETPLACE

4.1. The Members may utilise the Marketplace to place Listings for Marketplace Items.

4.2. In response to the Listing, the Member may receive Offers from Providers, which the Member may accept or decline.

4.3. Should the Member accept the Offer, this will be deemed an Accepted Offer and following which, will result in a Marketplace Deal.

4.4. Should the Member decline the Offer, the Provider may provide a revised Offer or a Final Offer, and if the revised Offer or Final Offer is accepted, this will result in a Marketplace Deal.

4.5. Following conclusion of a Marketplace Deal, the Member and Provider shall conclude a Deal Agreement.

4.6. RoadSave shall act as a facilitator only between the Member and a Provider, permitting the Member and the Provider to utilise the Marketplace to transact with one another.

4.7. RoadSave shall not be held liable, or be seen as an alternative party in the event of either the Provider or the Member not honouring any of its/their undertakings timeously, correctly, in full or at all.

4.8. The Member shall not attempt to negotiate with any Provider outside the Marketplace environment, to the detriment of RoadSave and any entitlement to which RoadSave may be entitled based on a Marketplace Deal. In addition to any other remedy available, a Member’s access to the Website may be removed should this provision be contravened.

 

5. NON-CIRCUMVENTION

5.1 The Member agrees that it shall not indirectly accomplish that which it is not permitted to accomplish directly under these Terms. The Member may not circumvent RoadSave on any Deal Agreements, Concluded Deals or any benefit to which RoadSave is entitled. This is considered a material breach pursuant to the provisions of clause 14.

 

6. INDEPENDENCE OF THE PARTIES

6.1. Nothing in the Terms shall create a relationship of agency, employment, partnership or a joint venture between the Member and RoadSave.

6.2. Accordingly, the Member shall not be entitled to, or have the power or authority to:

6.2.1. enter into any agreement in the name of RoadSave;

6.2.2. give any warranty, representation or undertaking on RoadSave’s behalf; or

6.2.3. in any correspondence or other dealings and transactions concerning these Terms give any indications that it is acting other than as principal for the purpose of conducting its own business in and for its own account.

 

7. PAYMENT PROCESSING

7.1. RoadSave is a business in the automotive industry that keeps you safe and secure with one-touch access to 24/7 emergency support, and gives you access to exclusive deals, advice, financing, quotes, discounted products, services and more.

7.2. Subject to availability and receipt of payment, requests will be processed within 5 (five) days and delivery confirmed by way of email.

7.3. The offering on the Website is available to South African clients only.

7.4. The provision of RoadSave Services is subject to availability. In cases of unavailability, RoadSave will refund you in full within 30 (thirty) days. Cancellation of orders by you will attract a 10% (ten percent) administration fee, which is payable to RoadSave upon demand. 

7.5. RoadSave shall take all reasonable steps to protect the personal information of Members. For the purpose of this clause, “personal information” shall be defined as detailed in the Protection of Personal Information Act (POPIA). The POPIA is available at https://popia.co.za. The Members utilisation of the Website is subject to the Privacy Policy.

7.6. Payment may be made via Visa, MasterCard or by bank transfer into the RoadSave bank account, the details of which will be provided on request.

7.7. Card transactions will be acquired for RoadSave via PayGate (Pty) Ltd or Netcash (Pty) Ltd. DPO PayGate and Netcash uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the Website. Members may go to www.paygate.co.za or www.netcash.co.za to view their security certificates and security policies.

7.8. Debit Order transactions will be acquired for RoadSave via Netcash (Pty) Ltd (Registered FSCA Intermediatory Licence no. 44751). You may elect the day of the month on which the debit order should be performed. If the first debit date is within 4 (four) business days of the day of the month selected, the first debit shall only be performed the following month. Submission of collections to the banks are performed 4 (four) Business Days prior to day of the month selected. Should you cancel your subscription during this period, the debit will still be performed.

7.9. Member details will be stored by RoadSave separately from card details which are entered by the client on DPO PayGate’s & Netcash’s secure sites. For more detail on DPO PayGate & Netcash, refer to www.paygate.co.za & www.netcash.co.za respectively.

7.10. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

7.11. RoadSave takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this Website, customer service and support, dispute resolution and delivery of goods.

7.12. This Website is governed by the laws of South Africa and RoadSave chooses as its domicilium citandi et executandi for all purposes under these Terms, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Ground Floor, Gateway West, 22 Magwa Crescent, Midrand, 2066.

7.13. RoadSave may, in its sole discretion, change these Terms or any part thereof at any time without notice.

7.14. This Website is run by CrashDetech (Pty) Ltd (private company) based in South Africa trading as RoadSave and with registration number 2014/144195/07 and J. Gerrits (Director).

Company Physical Address: Ground Floor, Gateway West, 22 Magwa Crescent, Midrand, 2066

Email: support@roadsave.co.za

Telephone: 0861 000 418

 

8. MOBILE BILLING AND SUBSCRIPTIONS

8.1. Subscription RoadSave Services:

8.1.1. RoadSave Classic R 1.50 (one rand fifty cents) per day.

8.1.2. RoadSave Classic Plus R 3.00 (three rand) per day.

8.2. If you do not have the bill payers permission to use the Roadsave Service – then do not access the Roadsave Service or promptly cease using the Roadsave Service.

8.2.1. RoadSave Classic, accessible via roadsave.co.za this RoadSave Service is a mobile subscription service charged at R1.50 (one rand fifty cents) per day.

8.2.2. RoadSave Classic Plus, accessible via roadsave.co.za this RoadSave Service is a mobile subscription service charged at R3.00 (three rand) per day.

 

9. THIRD PARTY SUBSCRIPTIONS

9.1. Members purchasing a subscription from a third party will receive a welcome notification email and/or SMS with instructions to activate and/or access the subscription.

9.2. On receipt of such notification, the Member shall be entitled to download the Application to the Member’s mobile communication device.

 

10. APPLICATION USAGE

10.1. Use of the Application is dependent on the Member using a mobile communication device (either Android or iOS or Huawei) that complies with the minimum specifications, other software, and internet access required to install and use the Application.

10.2. The minimum specifications are as follows:

10.2.1. Android version – 6.0 (or later);

10.2.2. iOS version – 10.0 (or later) with Motion & Fitness support; or

10.2.3. Huawei version – EMUI 4.1 

10.3. Mobile communication devices that do not conform with the minimum specifications will not be suitable to receive some RoadSave Services.

10.4. The Application is only available in the respective South African app stores.

10.5. Members using devices that are not compatible with the system requirements can make use of the other RoadSave value-added services, which do not require a mobile communication device. However, these Members will not be able to make use of the one-touch in-app button to call for assistance and will not have the crash alert service available on the device.  RoadSave will not be held liable for Members who do not have the appropriate operating system running on their device or who incorrectly configure their mobile application device and who falsely rely on the crash alert service of the Application. Please refer to our Crash Detection Best Practices guides.

10.6. The Application shall be limited to a single specified mobile communication device of the Member, and specifically excludes use on the Member’s motor vehicle. 

10.7. The Member shall be responsible for ensuring that the updated or enhanced version of the Application is installed on the Member’s mobile communication device at all times.

10.8. Limitations of the Application:

10.8.1. The availability of the RoadSave Service is subject to the following requirements for the functionality of the Website:

10.8.1.1. the mobile communication device used to access the Application must be powered on;

10.8.1.2. the mobile communication device used to access the Application must not be damaged such that it is unable to communicate (transmit) data to the RoadSave call centre or messaging systems;

10.8.1.3. the mobile communication device used to access the Application must be within the relevant Member’s communication network operator’s data coverage area and the Member’s data communication services from the relevant network operator must be enabled and operational;

10.8.1.4. the (global positioning facility) GPS on the mobile communication device used to access the Application must be enabled;

10.8.1.5. the mobile communication device should be configured correctly as per the Trip Monitoring Best Practices and Crash Detection Best Practices guides;

10.8.1.6. the trip monitoring function should be enabled and active on the mobile communication device when a Serious Car Crash occurs in order for Crash Alert to function;

10.8.1.7. the Member acknowledges and understands that Crash Alert limitations apply as per the Crash Detection Limitations guide; and

10.8.1.8. due to the limitations included here, RoadSave cannot guarantee that the Application will detect a Serious Car Crash and/or that the emergency services will be available at all times.

10.8.2. The Member shall use the Website for personal, non-commercial use only.

10.8.3. The Member shall be 18 (eighteen) years of age or over to download, install, access or use the Website. Members under the age of 18 (eighteen) shall obtain consent from a parent or guardian (a competent person as defined in POPIA) prior to downloading, installing, accessing or using the Website.

10.8.4. Unauthorised use of the Website includes engaging in the following activities:

10.8.4.1. adapting, modifying, publishing, republishing, distributing or redistributing this Website or the material on this Website without RoadSave’s prior written consent;

10.8.4.2. using any automated data collection, data mining or data gathering methods of any kind in relation to the Website;

10.8.4.3. reverse engineering, disassembling, decompile, transfer, exchanging or translating the Website;

10.8.4.4. making and distributing copies of the Website, or part therof, or allowing such activity by third parties on your behalf;

10.8.4.5. creating derivative works of the Website of any kind.

10.8.5. The terms of agreement with the Member’s respective mobile communications network provider will continue to apply when using the Website.

10.8.6. RoadSave shall not be liable for any communication, software or hardware costs the Member may incur in connection with access or use of the Website.

10.8.7. RoadSave will make every effort to inform the Member should the Website be ineffective by showing notifications in the Website. The Member is encouraged to open the Website periodically to view last motor vehicle trips monitored by the Website and to ensure that the crash alert feature is active at all times.

10.8.8. Every effort is made to ensure that the Website is operational. However, RoadSave takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond the control of RoadSave.

10.8.9. RoadSave makes no warranty that the Member’s access to the Website will not be uninterrupted. RoadSave may carry out maintenance or introduce new facilities and functions from time to time. The Member agrees and accepts that as a result specific interruptions and unavailability of the Website and/or RoadSave Service may occur.

10.8.10. Unauthorised use of the Website may result in RoadSave instituting a claim for damages against the Member and/or the Member may be found guilty of a statutory and/or criminal offense. [JG1]to be confirmed as we’re launching a new app

11. IN CASE OF EMERGENCY (ICE) TAG

11.1. The RoadSave ICE Tag shares vital information with emergency service providers, when you cannot, for e.g. severe injuries after a car crash etc. The ICE Tag should be installed on the back right window of your car and you can then complete your medical/emergency contact details on the Application.  

11.2. If you are unconscious after a crash, responding emergency service providers use the ICE Tag to access your medical information and emergency contacts, which could save your life.

11.3. Members receive push notifications and email and SMS communications on occasion to remind them to keep their Personal Information up-to-date on the Website. Members are able to access and make corrections to their Personal Information via the Website through their log-in details. Push notifications may be disabled but doing so will reduce or retard certain aspects of the Website. 

11.4. RoadSave will not be held liable in instances where the Member’s Personal Information is outdated, inaccurate or incomplete on the Website.

 

12. WEBSITE

12.1. Access to the Website is governed by these Terms.

12.2. Every effort is made to ensure that the Website is operational. However, RoadSave takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond the control of RoadSave.

12.3. RoadSave makes no warranty that access to the Website will not be uninterrupted. RoadSave may carry out maintenance or introduce new facilities and functions from time to time. The Member agrees and accepts that as a result specific interruptions and unavailability of the Website and/or RoadSave Service may occur.

12.4. The Member may not use the Website for any purpose that is unlawful or prohibited by the Terms, any applicable additional or amended terms thereto, or any other conditions or notices that are made available on the Website. Unauthorised use of the Website may result in RoadSave instituting a claim for damages against the Member and/or the Member may be found guilty of a statutory and/or criminal offense.

12.5. The Website may include links to other websites, including links to third party websites where the Application may be downloaded. These links are provided for the Member’s convenience for the purposes of providing further information to the Member. Such links do not signify that RoadSave endorses the website(s) linked to. The Member agrees that RoadSave shall have no responsibility or bear no liability in relation to the content of the linked website(s). Content hosted on third party websites is the responsibility of those websites, and not of RoadSave. It is recommended that you read the terms and conditions and privacy policy of any third-party website or service that you visit. The Member may not create a link to the RoadSave Website from another website without RoadSave’s prior written consent.

12.6. RoadSave Chatbot

By accessing and using the Website, you also have access to our chatbot, “Jono”, a chatbot service application that enables you to interact with RoadSave via the chatbot/assistant bot. Recommendations or advice provided on the Chatbot is for general informational purposes and we expressly exclude any liability for any action taken by you based on such recommendations or advice. We make no promise that recommendations and advice shared with you will result in unique or your desired outcomes and we are not responsible for any decisions made by you or others with reference to direct or indirect impact from this chatbot.

12.7. You warrant that you understand that Jono is a chatbot and has certain limitations. Any recommendations or advice provided on the chatbot is for general informational purposes and we expressly exclude any liability for any action taken by you based on such recommendations or advice. We do not guarantee that using our Website or RoadSave Services will result in unique or your desired outcomes. Jono, as a chatbot is not a representative of us or a professional and/or Certified Advisor and/or Legal Practitioner.

12.8. The Website and Application are provided “as is” and are used at your own risk. We cannot provide any express or implied warranty or condition of any kind in relation thereto. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. Although we have the necessary security safeguards in place, RoadSave will have no responsibility, by your use of the chatbot, for any harm suffered by your computer system, loss or corruption of data, or other harm that results from your access to or use of the RoadSave Service.

 

13. COMMENCEMENT DATE AND TERMINATION

13.1. These Terms shall commence on the Commencement Date and shall continue for the term agreed to between the Parties.

13.2. Termination/early termination of the RoadSave Service by the Member shall be in accordance with the termination notice period(s) and early termination fees specified below:

13.2.1. in the case of monthly RoadSave Service subscriptions (renewable every month), the Member may terminate the RoadSave Service through the provision of one calendar month’s notice of termination in writing or by using the cancellation feature on the Website;

13.2.2. in the case of annual RoadSave Service subscriptions or subscriptions exceeding term of 12 (twelve) months or a term exceeding twelve months, the Member may terminate the RoadSave Service through the provision of 3 (three) calendar month’s notice of early termination in writing.

13.3. The Member remains liable to RoadSave for any amounts owed to RoadSave for the RoadSave Service up to and including the date of termination.

13.4. RoadSave shall be entitled to levy a reasonable early termination fee equivalent to any discounts applied to the RoadSave Service fees on account of the term of subscription agreed to on subscription to the RoadSave Service.

13.5. The Member’s subscription shall be automatically renewed on expiry of the subscription term on a month-to-month basis subject to:

13.5.1. in the case of annual subscription RoadSave Services, termination by either party on three (3) calendar months’ prior written notice of termination; or

13.5.2. in the case of either monthly or annual RoadSave Service subscriptions, the Member agreeing to renew the subscription for a further term.

 

14. BREACH

14.1. In addition to any other remedy available, should either Party (the “Defaulting Party”) commit a material breach of any provision of these Terms and should such breach be: (i) incapable of remedy; or (ii) capable of being remedied and should such Party fail to remedy such breach within 7 (seven) business days (or such longer period as may be agreed to by the Parties) after receiving written notice from the other Party (the “Aggrieved Party”) requiring the Defaulting Party to do so, then the Aggrieved Party shall be entitled, without prejudice to its other rights in law, to:

14.1.1. cancel these Terms; or

14.1.2. to claim specific performance of all of the Defaulting Party’s obligations which are due for performance,

in either event without prejudice to the Aggrieved Party’s right to claim damages.

 

15. THIRD PARTY SERVICE PROVIDERS

15.1. In order to provide the RoadSave Service to the Member, the Member acknowledges and agrees that RoadSave has a dependency on third party service providers including but not limited to: medical emergency response call centres; medical emergency response teams; online payment service providers, roadside assistance/security providers, financing providers, quote comparison providers. The Member agrees that RoadSave shall not be liable for any failures to render the service attributable to such third parties.

15.2. The Member agrees that the emergency service provider shall render the service to the Member on a user-to-pay basis, i.e. the Member shall be directly liable to such service provider for the fees associated with the service provider’s service unless the Subscription plan states otherwise. To view Subscription plans and associated benefits, visit support.roadsave.co.za.

 

16. PROTECTION OF PERSONAL INFORMATION

16.1. Any personal information supplied to RoadSave and/or any third party service provider in relation to the provision of the RoadSave Service and/or the use of the Website will be dealt with in accordance with the Privacy Policy, these Terms and Conditions and South African legislation as it may apply. (The Privacy Policy may be accessed here.)

16.2. Members who subscribe for the RoadSave Service via third parties specifically consent to the additional processing of personal information by the third party. Such consent is governed by the third parties Privacy Policy. By providing personal information to the third party, the Member specifically permits the third party to input such information into the RoadSave system.

 

17. INTELLECTUAL PROPERTY

17.1. The Website constitutes software and content (including but not limited to: computer or software code; scripts; design elements; images; text; interactive features; animation; photos; video; graphics; music; sound; and voice) that is the intellectual property of RoadSave and/or various third parties and is subject to the intellectual property laws of South Africa. Further and to the extent that RoadSave does not own specific content, or such content falls within the public domain, RoadSave may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No rights and/or licence to RoadSave’s intellectual property or the intellectual property of third parties have been granted to the Member, unless otherwise indicated in writing. The software and content may not be used in violation of the intellectual property rights of RoadSave and/or such third parties as applicable. Without limitation on the prohibitions placed on the Member, the Member expressly agrees not to:

17.1.1. commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written approval of RoadSave or in the case of third party content, the owner of that content;

17.1.2. claim or convey ownership of Website content either in its entirety or otherwise;

17.1.3. modify the content for the purposes of reposting;

17.1.4. alter or remove any trademark, copyright or other notice from the Website content, including proprietary notices contained on any content; and/or

17.1.5. copy or otherwise incorporate Website content or software into or store in a website, electronic retrieval system, publication or other work in any form.

17.2. Limited Website License:

17.2.1. RoadSave grants a worldwide, non-exclusive, royalty-free, revocable license to:

17.2.1.1. use the Website as set out in these Terms;

17.2.1.2. download the Application to a mobile communication device;

17.2.1.3. copy and store the Website and material pertaining to the Website; and

17.2.1.4. print the Website information for personal access and use.

17.2.2. RoadSave expressly reserves all other rights.

17.3. The Member warrants that:

17.3.1. all rights in and to any Content are obtained by the Member or, alternatively, all necessary rights in and to such Content providing the rights in and to such Content have been obtained;

17.3.2. all necessary license fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of the Content have been paid prior to it being uploaded to the Website;

17.3.3. Content does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

17.3.4. it is entitled, in the event of the Content being the property of a third party, to receive any payment generated from sales as a result of the uploading of the Content;

17.3.5. the Content does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers;

17.3.6. the Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; and

17.3.7. the Content does not contain any information that may be considered confidential, proprietary, or personal insofar as it relates to a third party.

17.4. By submitting the Content, the Member grants RoadSave an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to publish feedback, comments and ratings in respect of the Services provided through the Website and use such feedback in blogs, features, social media posts, highlights as well as for advertising and promotional purposes.

17.5. RoadSave shall not be held liable or responsible for any loss, theft, damage or misuse of the Member’s copyright material in respect of the Content.

 

18. RESTRICTIONS

18.1. The Member may not:

18.1.1. publish or mirror any of this Website’s material in any media whatsoever;

18.1.2. use the Website or the RoadSave Services for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material or comments;

18.1.3. take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure, including spam or other unsolicited mass e-mailing techniques;

18.1.4. mislead or deceive others through any act or omission or make a false representation about identity of another the user of the Website, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;

18.1.5. conduct any activity which compromises or breaches another party’s patent rights, trademark, copyright or other intellectual property rights;

18.1.6. copy, collect or save information about other users of the Website;

18.1.7. introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment to the Website or to other users using the Website;

18.1.8. stalk or harass anyone;

18.1.9. attempt to disrupt or interfere with the RoadSave Services;

18.1.10. use the details of other users of the Website for anything other than the use expressly permitted by those users;

18.1.11. download, access, use, harvest or download in bulk the details of other user of the website;

18.1.12. pass on the login details of another user of the Website to anyone other than the authorised user of that account;

18.1.13. remove or alter RoadSave’s copyright notices or other means of identification including any watermarks, as they appear on the Website;

18.1.14. use the Roadsave Services contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

18.1.15. use the RoadSave Services to engage in any advertising or marketing other than in a manner expressly permitted by the Website;

18.1.16. crawl, spider or scrape the content of the Website, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Website;

18.1.17. register for more than one account on the Website; or

18.1.18. provide unauthorised interfaces to the Website.

18.2. The Member understands and agrees that it is solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to its use of the RoadSave Services.

18.3. Certain areas of this Website are restricted from being accessed by a Member, and RoadSave may further restrict access by a Member to any areas of this Website, at any time, in its absolute discretion.

 

19. LIMITATION OF LIABILITY

19.1. Limited liability of RoadSave:

19.1.1. the Member understands, acknowledges and agrees that downloading and/or usage of the RoadSave Service and Website, and reliance on the RoadSave Service is entirely at the discretion and risk of the Member. RoadSave, in its discretion, reserves the right at any time to change or discontinue any aspect or feature of the RoadSave Service, including, but not limited to: content, hours of availability and equipment needed for access or use of the Website. RoadSave shall attempt to maintain the availability and accessibility of the RoadSave Service; however, RoadSave takes no responsibility for, and will not be liable for, the Website being temporarily unavailable or inaccessible for reasons beyond RoadSave’s control.

19.1.2. You agree to defend, indemnify and hold RoadSave, its officers, directors, members, employees, agents, contractors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits; direct, indirect, incidental, special, consequential or punitive damages; and any reasonable legal and/or accounting fees, resulting from: (i) the access to, use of, or perusing of the Website, (ii) downloading of the Application, and/or (iii) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.

19.1.3. Your sole and exclusive remedy, should you be dissatisfied with the RoadSave Service or Website, is to unsubscribe from the RoadSave Services and cease to use the Website.

19.1.4. The Member acknowledges and agrees that the Website uses an algorithm to determine whether the Member has been involved in a Serious Car Crash. Due to constraints as per the Crash Detection Limitations guide, RoadSave cannot guarantee that a Serious Car Crash will be detected. RoadSave will not be held liable in instances where the Application has been hindered from being able to run such algorithm; this includes, but is not limited to, the following instances:

19.1.4.1. where trip monitoring has not been enabled and was not active when the Serious Car Crash occurred;

19.1.4.2. where the mobile communication device accessing the Application has been damaged during a Serious Car Crash or otherwise;

19.1.4.3. where the mobile communication device used to access the Application was not within the relevant Member’s communication network operator’s data coverage area or the Member’s data communication services from the relevant network operator was not enabled and operational;

19.1.4.4. where the mobile communication device was not configured correctly as per the Trip Monitoring Best Practices and Crash Detection Best Practices guides; and/or

19.1.4.5. where usage of the Application has not been in accordance with RoadSave’s instructions.

19.1.5. RoadSave shall not be liable for damage to, or viruses or other code that may affect any equipment, software, data or other property as a result of the Member downloading, installing, accessing or using the Website.

19.1.6. RoadSave shall not be liable for any errors, inaccuracies or omissions in regard to the information and materials provided on the Website.

19.1.7. RoadSave shall not be liable for occasions where the emergency medical alert is triggered in error.

19.1.8. RoadSave shall not be liable for occasions where the emergency medical alert is triggered due to abuse or excessively frequent requests via the RoadSave Service. Such abuse may result in the temporary or permanent suspension of the Member’s access to the Website and the RoadSave Service. RoadSave, in its sole discretion, will determine abuse or excessive usage of the RoadSave Service. RoadSave shall make a reasonable effort to notify the Member prior to such suspension.

19.1.9. RoadSave shall not be liable for any and all claims arising from occasions where the ICE Tag is unlawfully accessed or misused by emergency service providers or third parties and as a result, there is unauthorised access to, loss of and/or damage to, or tampering with and/or destruction of Your Personal Information.

19.1.10. This limitation of liability shall not apply to liability for:

19.1.10.1. death or personal injury resulting from a party’s gross negligence;

19.1.10.2. damage to real or tangible personal property resulting from a party’s gross negligence; or

19.1.10.3. any breach of obligations under these Terms in respect of confidentiality or intellectual property to the extent applicable law prohibits such limitation.

19.1.11. The Member agrees that the total liability of RoadSave or their agents or contractors to the Member or any third party shall be limited to the lesser of actual damages for any cause whatsoever or R25,000.00 (twenty-five thousand rand).

 

20. WARRANTIES

20.1. The Website, Marketplace, Application and RoadSave Services are provided subject to all terms set out in these Terms and Conditions and the Privacy Policy. RoadSave specifically excludes any warranties that:

20.1.1. the Website, Marketplace, Application and RoadSave Services will always be available;

20.1.2. the Website, Marketplace, Application and RoadSave Services is free from defects or errors;

20.1.3. the Website, Marketplace, Application and RoadSave Services will be compatible with all hardware and software that the Member may use;

20.1.4. the information provided for in the Website, Marketplace and Application is true, accurate and/or correct;

20.1.5. that any service opt-out options the Member invokes will be effected; or

20.1.6. that a Serious Car Crash will be detected.

20.2. The RoadSave Service, Marketplace, Application and Website has not been tailored to any specific individual Member’s requirements and is provided to the public as a whole; in accordance the information contained in the Website, Marketplace and Application is provided by RoadSave and/or its partners, affiliates, members, 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. RoadSave makes all reasonable efforts to ensure that all material and information provided in relation to the Website, Marketplace, Application and RoadSave Services is correct but cannot represent or guarantee the accuracy thereof. As such, RoadSave makes no warranties or representations as to the accuracy of the Website, Marketplace and Application’s content, information, and materials which are provided to you, as is and as available.

 

21. THIRD PARTY SERVICE PROVIDERS’ INDEMNIFICATION

21.1. In order to provide the RoadSave Service as specified on the Website, RoadSave relies on various third party service providers.  The Member  indemnifies and holds RoadSave harmless from any and all actions, claims, liabilities and/or losses in respect of the provision of such third party services by such third party service providers.

 

22. FORCE MAJEURE

22.1. RoadSave will not be liable for any failure to perform under these Terms caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labour shortage or dispute, governmental act or failure of any third-party service or network.

22.2. Neither RoadSave nor any person required to render assistance hereunder shall have any liability to the Member, his/her heirs or executors, arising out of the failure to render the RoadSave Service or any delay in rendering the RoadSave Service, where such failure or delay is caused by force majeure, vis major, adverse weather conditions, strikes, lockout, labour disputes or unrest, or riot.

 

23. SEVERABILITY

23.1. These Terms shall apply to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

 

24. APPLICABLE LAW, DOMICILIUM, JURISDICTION AND ARBITRATION

24.1. The Website is hosted, controlled and operated from the Republic of South Africa and therefore these Terms shall be governed by and be interpreted in accordance with the laws of the Republic of South Africa.

24.2. In the event of any legal dispute or action being brought in connection with these Terms, it is agreed that the venue of such action shall be Johannesburg, South Africa and each Party hereby consents to the jurisdiction of the courts thereof.

24.3. Without any restriction on the Member’s rights to pursue legal recourse in the forum of the Member’s choice, the Member agrees that any dispute regarding these Terms that cannot be resolved amicably, shall, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Johannesburg.

24.4. RoadSave confirms the domicilium citandi et executandi for all purposes associated with the Website, transactions pertaining to the Website, including the giving of any notice, the payment of any sum, the serving of any process, as follows: Ground Floor, Gateway West, 22 Magwa Crescent, Midrand, 2066

24.5. Any notice other than legal notices by any party to RoadSave which is transmitted by electronic mail and/or facsimile to RoadSave at the RoadSave electronic mail addresses and/or facsimile addresses (as the case may be) shall be presumed, until the contrary is proven by RoadSave, to have been received by RoadSave on the date of successful and complete transmission thereof.

24.6. RoadSave does not receive legal notice or accept the serving of documents attached to legal processes on RoadSave by electronic mail.

24.7. The Member choses as its domicilium citandi et executandi (address for purpose of legal proceedings and otherwise) the addresses provided in the registration process.

24.8. A Party may change its address, by notice in writing to the other Party.

24.9. Any notice given in terms of these Terms, shall be in writing and shall:

24.9.1. if delivered by hand, be deemed to have been duly received by the addressee on the date of delivery;

24.9.2. if posted by prepaid registered post, be deemed to have been received by the addressee on the 8th (eighth) Business Day following the date of such posting;

24.9.3. if transmitted by facsimile, be deemed to have been received by the addressee 1 (one) Business Day after dispatch; and

24.9.4. if sent by fax, shall be deemed to have been received on the first business day following the successful transmission thereof as evidenced by the electronic confirmation of receipt (unless the contrary is proven).

24.10. Notwithstanding anything to the contrary contained in these Terms, a written notice or communication actually received by a Party at its chosen address set out above, shall be an adequate written notice of communication to such Party.

 

25. INFORMAL DISPUTE RESOLUTION BETWEEN USERS

25.1. The Member acknowledges that by using the RoadSave Services and the Website, it shall engage in an informal dispute resolution process, in accordance with the terms set forth herein, in an attempt to resolve any dispute as cost effectively and as speedily as possible vis-à-vis a Member and Provider.

25.2. Should either the Member or Provider wish to raise a dispute against the other (a “Contract Dispute”), such dispute may be raised by sending an email to support@roadsave.co.za (the “Dispute Notice”). The Dispute Notice shall provide a brief description of the nature of the dispute and should include all information necessary to enable RoadSave to investigate the Contract Dispute.

25.3. The other party to the Contract Dispute shall then be invited to respond to the Dispute Notice with a brief description of his/her/its version of the Contract Dispute. RoadSave will then assess the merits of the Contract Dispute and attempt to informally resolve the Contract Dispute within 7 (seven) days from the date of delivery of such Dispute Notice to RoadSave, which, if successful, will avoid the need for further action.

25.4. In the unlikely event that RoadSave is unable to resolve the Contract Claim within the aforesaid 7 (seven) days, the Member agrees to resolve such Contract Claim in accordance with clause 25.5 to 25.8 mutatis mutandis.

25.5. If the dispute cannot be resolved in accordance with the foregoing, the dispute shall be finally resolved in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.

25.6. Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

25.7. The arbitration referred to in clause 25.6 above shall be held:

25.7.1. at Johannesburg or other venue agreed by the Parties in writing;

25.7.2. in English; and

25.7.3. immediately and with a view to its being completed within 21 (twenty one) days after it is demanded.

25.8. The Parties irrevocably agree that the decision in arbitration proceedings:

25.8.1. shall be final and binding upon them;

25.8.2. shall be carried into effect; and

25.8.3. may be made an order of any court of competent jurisdiction.

 

26. ELECTRONIC SIGNATURE

26.1. You agree to be bound by any affirmation, assent, communication or agreement that You transmit through Our Website, including but not limited to the consent You provide to us when accepting these Terms and Conditions and the Privacy Policy.

26.2. You agree that any time that you click on “I agree,” “I Consent,” “Submit,” or other similarly worded “buttons” or entry fields with your mouse, keystroke or other computer device, or by you continuing with any process utilising the Website or Application, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.