This website is operated by Route Monitoring (RF)(Pty) Ltd with registration number 2016/440500/07 (the “Company” or “we” or “us”). This Legal Notice governs your use of this website. By using this website, you accept this Legal Notice. If you do not agree to the terms of this Legal Notice, do not use this website. By accessing, browsing and/or using this website, you acknowledge that you have read and understood the terms of this Legal Notice and agree to comply with and be bound by the terms of this Legal Notice. We reserve the right at any time, and from time to time, to modify the terms of this Legal Notice without notice to you. If we make any such changes, we will post the revised terms of this Legal Notice to this website, and will indicate the date and time the revised terms were published on this website, but will not provide any other notice to you. Your continued access or use of this website constitutes acceptance by you of this Legal Notice and any respective changes thereto.

Intellectual Property

All copyright and other intellectual property rights subsisting in this website and its contents, including without limitation to all text, images, graphics and code contained in this website, as well as its look and feel (collectively, the “Contents”) are owned by the Company or members of its group of companies, or by third-party providers. You are not permitted to copy and/or print any information for any reason whatsoever and any request for information must be done through the appropriate channel on this website. The Company reserves the right, but has no obligation, to change the Contents at any time. Other than as specified above, neither this website nor any of its Contents may be modified or copied in whole or part in any form, including by framing, incorporation into other websites or other publication, or be used to create any derivative work. No links to this website may be included in any other website without the Company’s prior written permission. None of the Company’s, nor any of its group companies’ or third parties, trademarks, logos and/or the like may be used without the Company’s prior written permission. The Company reserves all its rights in such trademarks, logos and/or the like. Other than as specified above, nothing on this website should be construed as granting any right, license, permission or promise. The Company does not guarantee that you have any right to use content available on this website that is owned by any third party, and that third party’s permission will not be required before you use such content. None of the Contents may be changed, nor may any copyright or author attribution notice appearing on any of the Contents be altered or removed, without the Company’s prior permission.

Limitation of Liability and Disclaimer

Use of this website is at your own risk. This website is provided “as is” without warranty of any kind, except as expressly set forth in these terms of use or expressly set forth in this Legal Notice. The entire risk arising out of your use or out of the performance of this website remains with you. To the maximum extent permitted by law, we make no representation, warranty or guarantee relating to the suitability, reliability, availability, timeliness, quality, accuracy, or completeness of this website, any data, information, record or results available on or through this website or obtained through or resulting from the use of this website, for any purpose. Without limiting the generality of the foregoing, to the maximum extent permitted by law, we make no representation, warranty or guarantee that this website will meet your requirements or expectations, that this website will be timely, uninterrupted, secure or error-free, that any defects or errors will be corrected, or that any data, information, record or results obtained from the use of this website will be accurate or reliable for any purpose.

To the maximum extent permitted by law, we disclaim all warranties and conditions, whether express, implied or statutory relating to this website and the information available on or through this website, including all warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, lack of viruses, and non-infringement or arising out of any course of dealing or usage of trade or by course of performance. To the maximum extent permitted by law, we are not liable for any special, incidental, indirect, collateral, consequential, exemplary or punitive damages, whether in an action of contract, equity, statutory or strict liability, delict or tort (including negligence) or other theory of liability (including breach of warranty), incurred by you or any other person arising out of or in any way connected with or relating to the use or performance of this website, any delay or inability to access or use this website, or the use or inability to use, or any error, omission or inaccuracy contained in, any data, information, record or results obtained through or resulting from the use of this website, even if we have been advised of the possibility of such damages including liability to third parties or arising from any failure to meet any duty, including any duty of good faith or to exercise commercially reasonable care or arising out of any course of dealing or usage of trade or by course of performance. The views, information, or opinions expressed within this website are solely those of the individuals involved and do not necessarily represent those of the Company and/or its employees. The limitations and exclusions set forth above apply notwithstanding the failure of essential purpose of any remedy or any breach or default by us. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages, however, the use of this website is subject to and governed by South African law and these limitations or exclusions may yet apply to you.

Indemnification

You agree to indemnify and hold the Company, and its group of companies’ and/or third parties harmless from all liabilities, claims and expenses resulting from your breach of this Legal Notice, misuse of this website or any of the Contents, or infringement of any of the Company’s, it’s group of companies’ and/or third parties intellectual property rights.

Third Party Websites

This website may contain hypertext links to third party websites. The Company provides such links for your convenience and has no control over any websites that may be accessed or available through them. The Company does not endorse, sponsor, recommend or otherwise accept any responsibility for such third party websites, their content or availability. In particular, the Company does not accept any liability for any infringement of any person’s intellectual property rights by, or any liability arising out of any information or opinion contained on or in, any such third party website. If you decide to access or engage in services through linked third party websites, you do so at your own risk. You should direct any concerns regarding any third party websites to the administrator of the applicable third party website. You should also refer to the separate terms of use, privacy policies, disclaimers and other rules posted on third party websites before you use them.

Website Contact

If you access this website from outside of South Africa (SA), you acknowledge, agree, and consent that any information you provide, including any personal information, will be transferred to and processed by a computer server located within SA, and subject to SA laws and regulations. Further, if you access this website from outside of SA, you acknowledge and agree that you are responsible for compliance with any applicable local or national laws, rules or regulations applicable to such use.

The Company will not be deemed to have accepted any electronic communication or email unless the Company provides the addressee(s) and/or sender(s) of the electronic communication with an acknowledgement verifying receipt of the communication. Furthermore, such electronic communication is provided as a bona fide service to the users of this website and any abuse, hoax and/or misuse of this website by any human operator and/or by any electronic means is strictly prohibited and in the event of such abuse, hoax and/or misuse, the Company reserves the right to take appropriate steps to address such prohibited action and/or prevent similar future occurrences.

In respect of website contact via email and any subsequent email correspondence, all information in any email sent under the domain “routemonitoring.co.za” are intended for the use by the individual addressee(s) named in the header of each email, including those addressee(s), who are addressed via carbon copy or blind carbon copy and may contain information that is confidential, privileged or unsuitable for unintended recipients. If you are not the intended recipient or uncertain whether you are the intended recipient, any processing of the email or the information contained therein (including disclosure, copying, distribution, and/or storage and/or the like) or any action taken or omitted in reliance on the contents of the respective email, is prohibited and may be unlawful. If you are not the intended recipient or are uncertain whether you are an intended recipient you must kindly immediately contact the author and/or sender of the email for notification of the unintended transmission or clarity as regards to whether you are an intended recipient. Upon notification from the author and/or sender that you are an unintended recipient you must forthwith delete the respective email and attachments if any and you may not use the contact details of any email address contained in the respective email in general. No liability or responsibility on the part of the Company is accepted if information or data is, for whatever reason, corrupted and/or does not reach its intended recipient. The Company shall use reasonable efforts to ensure that emails are free of viruses, however, no warranty is given that emails are free of viruses. The views expressed in the respective emails are, unless otherwise stated, those of the author and/or sender and not those of the Company and/or its management. The Company reserves the right to monitor, intercept and block emails addressed to its users or take any other action in accordance with its communications policy and exercise any right or remedy that may be available to it at law or otherwise. Should the recipient wish to conduct further business dealings with the Company based on the content of an email, a formal, written and physically signed agreement will have to be entered into, to attract any liability on behalf of the Company.

Governing Law

This Legal Notice, as well as all associated rights and obligations shall be governed by South African law, these include without limitation, the Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) [as amended]; the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) [as amended]; Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) [as amended]; Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) [as amended] and the Electronic Communications Act, 2005 (Act No. 36 of 2005) [as amended].

Association with the NGB

Any data, information, record or results available on this website is deemed to be that of the Company and has no connection to the National Gambling Board (NGB) notwithstanding the Company’s association with the NGB.

No information, record or results found within this website should be construed as a public notice unless expressly stated by the Company.

Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) [PAIA]

Section 34(1) of PAIA provides for the mandatory protection of privacy of third party natural persons by stating that, subject to certain exceptions listed in subsection (2), an information officer of a public body must refuse a request for access to a record of the body if its disclosure would involve the unreasonable disclosure of personal information about a third party, including a deceased individual. This emphasises the importance and high degree of protection of personal information and the Company therefore reserves the right to protect any such information in its possession to the extent permitted by law.

Any request for records held by the Company must be made through the prescribed application form available from Route Monitoring.

Protection of Personal Information Act, 2013 (Act No. 4 of 2013) [“POPI Act”]

In terms of the POPI Act, as well as the general nature of business, the Company is under obligation to ensure that we secure the integrity and confidentiality of personal information in our possession or under our control to prevent loss of, damage to, or unauthorised destruction of personal information and unlawful access to or processing of personal information. We use appropriate physical, electronic and procedural methods designed to protect the security and integrity of information submitted through this website. Due to the nature of the internet and online communications we cannot guarantee that any information transmitted online will remain absolutely confidential, and we are not liable for the illegal acts of third parties such as criminal hackers. Section 22 of the POPI Act requires a responsible party, if there are reasonable grounds to believe that personal information has been accessed or acquired by any unauthorised person, to notify the information regulator and/or the data subject (the person to whom the personal information relates). All information concerning the security safeguards of the Company and matters associated with it, including personnel, equipment or systems, are regarded as strictly confidential.

Personal Information Provided by Website Users

“Personal Information” means information that specifically identifies you as an individual, such as your full name, telephone number, e-mail address, postal address, or certain account numbers. This website may include web pages or forms that give you the opportunity to provide us with Personal Information about yourself. You do not have to provide us with Personal Information if you do not wish to, however, that may limit your ability to use certain functions of this website or to request certain services or information.

We may combine Personal Information that you provide us through this website with other Personal Information held by the Company. We may use Personal Information for a number of purposes such as:

• To respond to an email or particular request from you;
• To provide you with information that we believe may be useful to you, such as information about services provided by us or other businesses if applicable;
• To comply with applicable laws, regulations, and legal process;
• To protect our rights, the rights of members of our group of companies or the rights of third parties, or take appropriate legal action, such as enforcing this Legal Notice;
• To keep a record of our transactions and communications; and
• As otherwise necessary or useful for us to conduct our business, so long as such use is permitted by law.

You understand and specifically agree that we may use Personal Information to contact you through any contact information you provide through this website, including any email address, telephone number, cell phone number, text message number, or fax number.

Sharing of Personal Information

We share and give access to Personal Information to our employees in the course of operating our businesses. For example, if you sent us an email asking a question, we would provide your email address to one of our employees, along with your question, in order for that person to assist and reply to your email. We may also share Personal Information with other business units within the Company.

We may share Personal Information in response to a court order, subpoena, search warrant, law or regulation. We may co-operate with law enforcement authorities in investigating and prosecuting website visitors who violate our rules, or engage in behaviour that is harmful to other visitors, or is illegal. Therefore, please be thoughtful in your communications and understand that this information may become public.