Passenger App Ts&Cs | SafelyHome

WC Passenger App Ts&Cs

Application providing public transport information to passengers and allowing passengers to provide feedback on their public transport experience.

WC Passenger App Ts&Cs

The Western Cape Department of Transport and Public Works has launched this WC Passenger Application to monitor compliance with certain operating standards by persons operating public transport services within the Western Cape. Individuals making use of public transport services in the Western Cape are encouraged to download this WC Passenger Application and to respond to the surveys made available through the application which will include, among other things, questions relating to compliance by public transport service providers with such standards and to passengers public transport experiences.  

 

Definitions 

  1. Affiliates means any natural person, corporation, association, partnership, joint venture, trust, governmental authority or any agency or department thereof, or any other entity of any kind, which has entered into an agreement with the Service Provider to, among other things, perform one or more of the monitoring, determination or planning functions described in clause 3.3.
  2. Driver means the person employed by the Operator to drive a vehicle for the purpose of delivering a public transport service.
  3. Operator means a person who is carrying on the business of operating a public transport service with a valid operating license issued by the provincial regulatory entity in terms of the National Land Transport Act, 5 of 2009.
  4. Service Provider means the Western Cape Provincial Government Department of Transport and Public Works.
  5. Services means the WC Passenger Application, websites, content, products, and other services made available by the Service Provider.
  6. Terms means the terms of use set out herein.
  7. User/s mean any individuals who make use of or access the WC Passenger Application.
  8. User Feedback means responses provided by a User, either through surveys made available through the WC Passenger Application or push notifications sent through the WC Passenger Application, which relate to a User’s public transport experience and compliance by Operators and Drivers with the service standards as specified in the survey or notification.
  9. User Information means personal information and the GPS location data collected through the WC Passenger Application. 
  10. WC Passenger Application means the application developed by the Service Provider for the purpose of collecting User Feedback.

 

  1. Terms and Conditions 
    1. These Terms govern the access or use by you, an individual, of the Services from within South Africa.
    2. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and the Service Provider. 
    3. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements which the Service Provider has with you in respect of the Services. 
    4. The Service Provider reserves the right to immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
    5. The Service Provider may supplement these terms to deal with a particular situation, such as an event, activity or promotion (the “Situation”). Supplemental terms in connection with the applicable Situation will be disclosed to you on reasonable notice. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Situation. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Situation.
    6. The Service Provider may amend the Terms and any supplemental terms related to the Services from time to time. Amendments will be effective upon the Service Provider’s posting of such updated terms. You will receive notification through the WC Passenger Application of any amendments in terms of this clause as part of the Services. Your electronic acknowledgement through the WC Passenger Application of such notification will constitute your consent to be bound by the Terms, as amended.
    7. Through using the Services, you accept that the Service Provider will process personal information and you agree to the collection and use of such personal information in connection with the Services as provided for in the Service Provider’s Privacy Policy located at https://safelyhome.westerncape.gov.za/campaigns/2971.
  2. Services
    1. The Services constitute a technology platform that enables the Service Provider to collect, record and store your User Information and User Feedback through the smartphone device on which the WC Passenger Application is installed. 
    2. By using the Services, you agree that the Service Provider shall be entitled to share the User Information and User Feedback collected, recorded and stored through the WC Passenger Application with its Affiliates.  
    3. User Information and User Feedback will be shared with Affiliates for the purpose of monitoring compliance by Operators and Drivers with the specified service standards. 
    4. Unless otherwise agreed by the Service Provider in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. 
  3. License

Subject to your compliance with these Terms, the Service Provider grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the WC Passenger Application on your personal mobile device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by the Service Provider and the Service Provider’s licensors.

  1. Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Service Provider; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

  1. Third Party Services and Content

Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

  1. Ownership

The Services and all rights therein are and shall remain the Service Provider’s property or the property of the Service Provider’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner the Service Provider’s company names, logos, product and service names, trademarks or services marks or those of the Service Provider’s licensors.

  1. User Accounts

In order to use the Services, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age or over to download, install, access or use the WC Passenger Application. Users under the age of 18 years of age shall obtain consent from a parent or guardian prior to downloading, installing, accessing or using the WC Passenger Application and such consent shall be effective upon access of the WC Passenger Application. Account registration requires you to submit to the Service Provider certain personal information, such as your name, identity number, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or the Service Provider’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted by the Service Provider in writing, you may only possess one Account.

  1. User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Service Provider, the Affiliate or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

  1. Network Access and Devices
    1. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. 
    2. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. The Service Provider does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
  2. Intellectual Property
    1. All content made available to you though the WC Passenger Application, including but not limited to text, graphics, logos, button icons, images, audio clips and digital downloads is owned by the Service Provider or third parties, and is protected by South African and international law. Furthermore, the compilation of all content on the WC Passenger Application is the exclusive property of the Service Provider and is protected by South African and international copyright laws. 
    2. You agree that if you breach the terms of this clause, the Service Provider will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. The Service Provider 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.
    3. Nothing on the WC Passenger Application should be regarded as granting any licence or right to use any trademark without the Service Provider’s prior written permission and/or that of the relevant third party.
    4. Although the Service Provider undertakes to ensure the relevant security safeguards, the Service Provider cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the WC Passenger Application. 
  3. Limitation of Liability
    1. The Service Provider will use reasonable skill and care in providing the Services to you and in keeping it a safe, secure, and error-free environment.
    2. You acknowledge and agree that these Terms do not create an employee-employer or joint venture or contractor or agency relationship between yourself and the Service Provider and that you have no claim against the Service Provider, now or in the future, for compensation of any kind. 
    3. You use the Services at your own risk and subject to the following disclaimers: The Service Provider is providing the Services on an "As is" or “voetstoots” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from digital virus or other harmful code. The Service Provider does not warrant that any information provided by it is accurate, complete, or useful, that the Services will be operational, error free, secure, or safe, or that the Services will function without disruptions, delays, or imperfections. 
    4. The Service Provider does not control and is not responsible for controlling how or when you use the Services or the features, services, and interfaces the Services provide. 
    5. The Service Provider is not responsible for and is not obliged to control the actions or information (including content) of the Users or other third parties. 
  4. Indemnity

You agree to indemnify and hold the Service Provider and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) the Service Provider’s use of your User Information; or (iv) your violation of the rights of any third party, including Affiliates. Your rights with respect to the Service Provider are not modified by the foregoing disclaimer if the laws of the Republic of South Africa do not permit it.

  1. Notices

The Service Provider may give you notice by means of a general electronic push notification delivered to you through the WC Passenger Application, electronic mail to your email address in your Account or by SMS communication sent to your mobile phone number as set forth in your Account. You may give notice relating to your usage of the WC Passenger Application and these Terms to the Service Provider by written communication to 3rd Floor, 11 Leeuwen Street, Cape Town, 8001.

  1. Assignment 

You may not assign or transfer these Terms in whole or in part without the prior written consent of the Service Provider. You give your approval to the Service Provider for it to assign or transfer these Terms in whole or in part.

  1. Provisions Severable 

All provisions and the various clauses of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pronon scripto and the remaining provisions and clauses of these Terms shall remain of full force and effect. The parties hereto declare that it is their intention that these Terms would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.

  1. Governing Law

These terms shall be governed by the laws of the Republic of South Africa.