TERMS AND CONDITIONS OF USE OF GMA WEBSITE
Your acceptance of
This web site, which
is accessible at www.gma.gautrain.co.za ("this Web Site"), is made
available by the Gautrain Management Agency (“GMA”) – a public entity.
The terms and
conditions set out below, including any document incorporated by reference,
apply to any person who uses, accesses, refers to or views any part of this Web
By continuing to use
this Web Site in any way, you shall be deemed to have unconditionally accepted all
the Terms and Conditions. You must not use this Web Site if You do not agree to
all the Terms and Conditions.
In addition to these
Terms and Conditions, you acknowledge that GMA may, at any time, amend or
impose additional terms and conditions relating to any content which is made
available by GMA, GMA's affiliates, employees or service providers, by way of
this Web Site.
Information on this
The material contained
on this Web Site is for information purposes only. GMA cannot guarantee that
the information displayed on this Web Site is accurate and/or complete.
displayed on this Web Site does not constitute advice or a recommendation of
any nature. You must not enter into any transactions
or make decisions of any nature, based wholly or partly on any information
contained in or displayed on this Web Site or on any web site to which this Web
Site may provide a link.
Any views or statements expressed on this Web Site are not
necessarily the views of GMA, GMA's affiliates, employees or service providers.
Any information on this Web
Site may be changed by GMA without notice.
While GMA attempts to ensure that
the contents of this Web Site are accurate and complete, GMA makes no
representation or warranty, whether express or implied, as to the operation,
integrity, availability or functionality of this Web Site or as to the
accuracy, completeness or reliability of any information on this Web Site.
Any person who relies on this Web
Site or on the information contained in this Web Site does so at their own
Additionally, GMA makes no
warranty or representation, whether express or implied, that the information or
files available on this Web Site are free of viruses, destructive code or any
other material or data which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in
any manner the operation of a computer system, computer network or Your
hardware or software. You accept all risk associated with the existence of such
viruses, destructive materials or any other data or code which is able to
corrupt, compromise, jeopardise, disrupt, disable,
harm or otherwise impede, in any manner, the operation or content of a computer
system, computer network or Your hardware or software.
Exclusion of liability
GMA, its affiliates, employees or
service providers shall in no way be liable for any direct, indirect,
incidental, special or consequential loss or damages which might arise from
Your use of, or reliance upon, any material or content contained in this Web
Site or any linked web sites, even if GMA has been advised of the possibility
of such loss, expense, claim or damage. You hereby indemnify GMA, its
affiliates, employees and its service providers against any loss, claim or
damage which may be suffered by them or any third party arising in any way from
Your use of this Web Site.
References and links
to and from this Web Site
This Web Site may, from time to
time, contain references or links to other web sites ("Other Web
Sites") and to the products, opinions or services of third parties. These
references or links are not intended to be, and should not be interpreted as an
endorsement, recommendation, or affiliation to these Other Web Sites or the
opinions, products, services or conduct of third parties. Your use of Other Web
Sites or the products or services of third parties will be entirely at Your own
GMA, its affiliates, employees or
service providers shall in no way be liable for any loss (including any loss of
profits), damage, liability, expense, claim or penalty, whether direct or
indirect, special or consequential, arising from or related to the use or
attempted use of Other Web Sites or the opinions, products or services of third
You may not make (or allow any
third party to make) any reference to GMA, this Web Site or content on this Web
Site, whether by link or otherwise, without the prior written consent of GMA.
The contents of this Web Site including (without limitation) any
software, icons, text, links, graphics, images, sound clips, trade names,
logos, trademarks and service marks are protected by law, including but not
limited to copyright, patent and trade mark law and are the property of GMA
and/or third parties. Any unauthorised use of the
contents, information or materials on this Web Site is prohibited.
Your behaviour when using this Web Site
You may not use this Web Site to
obtain or distribute:
copyrighted material or material
protected by law without GMA's prior written consent; or
material containing viruses or
any other destructive materials or data or code which is able
to corrupt, interfere with, jeopardise,
disrupt, disable, harm or otherwise impede in any manner the operation of a
computer system or hardware or software
You must not perform any act
which may jeopardise or interfere with the
functionality or the operation of any part of this Web Site.
You are strictly prohibited from
using this Web Site for "spoofing", "hacking",
"flaming", "cracking", "phishing" or "spamming"
or any other activity designed or aimed at achieving purposes similar or the
same as the aforementioned acts.
You shall not intercept any
information transmitted to or from GMA, or this Web Site, which is not intended
to be received by You.
Use of Data
You hereby consent to the GMA collecting and
processing your personal information. You have the right to:
access your personal information that is
collected, processed, and stored by the GMA;
object at any time to the processing of your
personal information; and
request the GMA to return or destroy your
personal information should the information not be required for further
processing or by law.
The GMA shall comply with the provisions of the
Protection of Personal Information Act of
2013, (Act No. 4 of 2013), regarding personal
information requested on the registration form.
The GMA will treat your personal information as
strictly confidential and take appropriate technical and organisational
measures to ensure that your personal information is kept secure and is
protected against unauthorised or unlawful
processing, accidental loss, destruction or damage, access or alteration.
In the event that the GMA
becomes aware of any unauthorised use, disclosure or
processing of your personal information, the GMA shall notify you.
The GMA will not retain personal information
for a period that is longer than the period for which it was originally
required, unless we are required by law to do so.
The GMA shall not be held liable for any loss
or damage arising and/or suffered as a result of the disclosure of such
information if it is outside the GMA’s reasonable control.
Variation of certain
deeming provisions in the Electronic Communications and Transactions Act 25 of
2002 ("the ECT Act")
By using this Web Site, You agree that these Terms and Conditions create a binding
agreement between You and GMA, even though these Terms and Conditions are
wholly or partly in the form of a data message. You agree specifically that:
the agreement will be treated as
if it was concluded at GMA's physical address on the date on which You first
made any use of this Web Site;
an electronic signature is not
required by You or GMA for purposes of agreeing to these Terms and Conditions;
your use of this Web Site or the
Web Site Content is sufficient evidence of Your agreement to these Terms and Conditions;
any data message sent by either
You or GMA to the other will be deemed to have been sent from GMA's physical
address if neither Your usual place of business nor residence is located within
the Republic of South Africa;
any communication sent to You by
an information system programmed to operate automatically on GMA's behalf will
be a data message attributable to, or authorised by GMA;
subject to the further provisions
of these Terms and Conditions, a data message sent by You to GMA will only be
treated as having been received by GMA when an acknowledgement of receipt is
sent by GMA personally or a person who has authority to act on GMA's behalf in
respect of that data message; and
this agreement will be
interpreted and implemented in accordance with the laws of the Republic of
South Africa and You agree to the jurisdiction of the courts of the Republic of
Variation of these
Terms and Conditions
Subject to the variations or
amendments provided for in terms of paragraph 9.2, no other variation or
amendment, in any form whatsoever, of these Terms and Conditions will be
enforceable or binding on GMA unless GMA has agreed to such variation or
amendment in writing. For this purpose, "writing" shall be writing on
paper signed in ink by our authorised representative
and specifically excludes any writing that may be in electronic format.
We are entitled and reserve the
right to vary or amend these Terms and Conditions from time to time and in our
sole discretion. Any amendments to these Terms and Conditions will be displayed
on the Web Site from time to time. On the first occasion on which you use the
Web Site after we amend the Terms and Conditions, you will be notified that
amendments to the Terms and Conditions have been effected and if you continue
to use the Web Site thereafter, the amended Terms and Conditions will
immediately be treated as being effective and binding upon you.
It is your responsibility to
access and familiarise yourself with any amendments
to the Terms and Conditions on each occasion that you make use of this Web
GMA's address for the service of
any legal notice is: 44 Grand Central Boulevard, Midrand
given to the above addresses shall be deemed to have been duly given:
14 days after posting, if posted
by registered post to the party's postal address;
on delivery, if delivered to the
party's physical address.
Disputes, claims and legal
Any dispute declared by You and
any claim which You may have against GMA arising out of or in connection with
these Terms and Conditions or the use of the Web Site or the Web Site content,
including after termination, cancellation or amendment of these Terms and
Conditions, will be referred to arbitration in accordance with the Arbitration
Act 1965 (as amended) or any replacement Act and will take place in accordance
with the Commercial Arbitration Rules of the Arbitration Foundation of Southern
If GMA declares a dispute with
You, or wishes to institute any claim or legal proceedings against You arising
out of or in connection with these Terms and Conditions or Your use of the Web
Site or of the Web Site content, GMA reserves the right to deal with the matter
in a forum of its choice, which will include but will not be limited to, the
courts of the Republic of South Africa. This right will continue to apply after
termination, cancellation or amendment of these Web Site Terms and Conditions.
Notwithstanding anything to the
contrary contained in these Terms and Conditions, neither You nor GMA shall be
precluded from obtaining interim relief on an urgent basis from a court of
competent jurisdiction pending the institution or resolution of a dispute or
other legal proceedings.
Any costs, including legal costs
on attorney and own client scale and value-added tax, incurred by GMA arising
out of Your use of this Web Site or the Web Site content, or a breach of these
Terms and Conditions, will be borne by You.
You shall not cede, assign or
transfer any of Your rights and obligations in these Terms and Conditions
without GMA's prior written consent.
GMA is entitled to cede, assign
or transfer any of its rights and obligations in these Terms and Conditions
without Your prior written consent and without notice to you.
A copy of the ECT Act can be
viewed and downloaded at http://www.acts.co.za/ect%5Fact. It is Your
responsibility to ensure that the copy downloaded is the most recent version of
the ECT Act.
event that any of the terms of these Terms and
Conditions are found to be invalid, unlawful or unenforceable, such terms will
be severable from the remaining terms, which will continue to be valid and
No relaxation or indulgence which
GMA may grant to You will be deemed to be a waiver of any of its rights in
these Terms and Conditions or in law.
The termination of the agreement
created by these Terms and Conditions will be without prejudice to any other
rights or remedies that You or GMA may be entitled to under this agreement or
at law, and will not affect any of GMA's or Your accrued rights or liabilities
nor the coming into or continuance in force of any provision of these Terms and
Conditions which is expressly or by implication intended to come into or
continue in force on or after such termination.