Web Site Terms and Conditions of Use & Privacy Policy

1.     Terms

Your access to, and use of, Eqstra Fleet Management’s website (“Website”) is subject to the following Terms and Conditions of Use (“Terms”) and all applicable laws and regulations.

By accessing this Website, you (“you” or “user”) are agreeing to be bound by these Terms and all applicable laws and regulations. If you do not agree with any of the Terms, you are prohibited from using or accessing this Website.

2.     Use License

2.1.   Permission is granted to temporarily download one copy of the information and/or software on the Website (“materials”) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license the user may not itself, nor through a third party:

2.1.1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any part of the Website for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;

2.1.2. decompile, disassemble or reverse engineer any portion of the Website;

2.1.3. write and/or develop any derivative of the Website or any other software program based on the Website;

2.1.4. modify or enhance the Website.  In the event of a user effecting any modifications or enhancements to the Website in breach of this clause, such modifications and enhancements shall be the property of Eqstra Fleet Management;

2.1.5. without Eqstra Fleet Management’s prior written consent provide, disclose, divulge or make available to or permit the use of or give access to the Website by persons other than the user;

2.1.6. remove any identification, trademark, copyright or other notices from the Website or the materials; and

2.1.7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Website, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind; and/or

2.1.8. notwithstanding anything to the contrary contained in these Terms, use the Website for any purpose other than personal, non-commercial and information purposes.

2.2.   This license shall automatically terminate if you violate any of these restrictions and may be terminated by Eqstra Fleet Management at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2.3.   Eqstra Fleet Management reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website.

2.4.   Eqstra Fleet Management does not guarantee continuous, uninterrupted or secure access to the Website, as operation of the Website may be interfered with as a result of a number of factors which are outside Eqstra Fleet Management’s control.

3.     Intellectual Property

All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Eqstra Fleet Management’s Website and Eqstra Fleet Management Content belong to the Eqstra Fleet Management and/or third parties (which may include you or other users.) Eqstra Fleet Management reserves all of its rights in Eqstra Fleet Management Content and its online services. Nothing in the Terms grants you a right or licence to use any trade mark, design right or copyright owned or controlled by the Eqstra Fleet Management or any other third party except as expressly provided in the Terms.

4.     Disclaimer

4.1.   The materials on the Website are provided "as is".

4.2.   Eqstra Fleet Management makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:

4.2.1. Eqstra Fleet Management does not warrant that the Website or materials shall be error-free or that they shall meet any particular criteria of performance or quality.  Eqstra Fleet Management expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; and

4.2.2. whilst Eqstra Fleet Management has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system.

5.     Limitations

5.1.   The user’s use of this Website and the materials contained on the Website is entirely at the user’s own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.

5.2.   The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception.  The user bears all risk of transmitting information in this manner.  Under no circumstances shall Eqstra Fleet Management be liable for any loss, harm or damage suffered by the user as a result thereof.  Eqstra Fleet Management reserves the right to request independent verification of any information transmitted via email and the user consents to such verification should Eqstra Fleet Management deem it necessary.

5.3.   To the extent permissible by law:

5.3.1. Neither Eqstra Fleet Management, nor its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Website or any functionality thereof, or the information contained on the Website, or of any linked website, even if Eqstra Fleet Management knows or should reasonably have known or is expressly advised thereof.

5.3.2. The liability of Eqstra Fleet Management for faulty execution of the Website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the Website shall be limited to Eqstra Fleet Management rectifying the malfunction, within a reasonable time, provided that Eqstra Fleet Management is notified immediately of the damage or faulty execution of the Website.  In no event shall Eqstra Fleet Management be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use.

5.3.3. You hereby unconditionally and irrevocably indemnify Eqstra Fleet Management and agree to hold Eqstra Fleet Management free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Eqstra Fleet Management as a direct or indirect result of:

5.3.3.1.          Your use of the Website;

5.3.3.2.          Your failure to comply with any of the Terms or other requirements which Eqstra Fleet Management may impose from time to time; or

5.3.3.3.          Any unavailability of, or interruption in, the service which is beyond the control of Eqstra Fleet Management.

6.     Revisions and Errata

6.1.   Eqstra Fleet Management makes no warranty or representation as to the availability, accuracy or completeness of the materials.  You expressly waive and renounce all your rights of whatever nature that you may have against Eqstra Fleet Management for any loss suffered by you, as a result of information supplied by Eqstra Fleet Management being incorrect, incomplete or inaccurate.

6.2.   The materials appearing on the Website could include technical, typographical, or photographic errors. Eqstra Fleet Management does not warrant that any of the materials on its Website are accurate, complete, or current. Eqstra Fleet Management may make changes to the materials contained on its Website at any time without notice. Eqstra Fleet Management does not, however, make any commitment to update the materials.

7.     Links

7.1.   Eqstra Fleet Management may provide links to third party websites on the Website.  These links are provided to the user for convenience purposes only and Eqstra Fleet Management does not endorse, nor does the inclusion of any link imply Eqstra Fleet Management’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices and operations.

7.2.   While Eqstra Fleet Management tries to provide links only to reputable websites or online partners, Eqstra Fleet Management cannot accept responsibility or liability for the information provided on other websites.  Linked websites or pages are not under, nor subject to, the control of Eqstra Fleet Management.  Eqstra Fleet Management is not responsible for and neither gives warranties nor makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.

7.3.   You agree that Eqstra Fleet Management shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealing with, or as a result of the presence of such third party linked websites on the Website,  Any dealing that you may have with any linked websites, including advertisers found on the Website, are solely between you and the third party website.

7.4.   Use of any such linked website is at the user's own risk.

8.     Security

8.1.   In order to ensure the security and reliable operation of the Website, Eqstra Fleet Management hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

8.2.   You may not utilise the Website in any manner which may compromise the security of Eqstra Fleet Management’s networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised damaging or malicious code to the Website, all of which is expressly prohibited.  Any person or entity which does so, or attempts to do so, shall be held criminally liable.   Further, should Eqstra Fleet Management suffer any damage or loss, civil damages shall be claimed by Eqstra Fleet Management against the user.

9.     Site Terms of Use Modifications

Eqstra Fleet Management reserves the right, in its sole discretion, to amend and/or replace any portion, or the whole of, the Terms without notice.  Each time a user accesses and/or uses the Website, the user shall be deemed to have consented, by such access and/or use, to the Terms, as amended and/or replaced by Eqstra Fleet Management from time to time. If you are not satisfied with the amended Terms, you should refrain from using the Website.

10.  Governing Law

10.1.These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.

10.2.This Website is controlled, operated and administered by Eqstra Fleet Management from its offices within the Republic of South Africa.  Eqstra Fleet Management makes no representation that the content of the Website is appropriate or available for use outside of South Africa.  Access to the Website from territories or countries where the content of the Website is illegal is prohibited.  If the user accesses this Website from locations outside of South Africa, that user is responsible for compliance with all local laws.

11.  General

11.1.If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.

11.2.Eqstra Fleet Management’s failure to act with respect to a breach by you or others does not constitute a waiver of Eqstra Fleet Management’s right to act with respect to subsequent or similar breaches.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information. The following outlines our privacy policy.

1.1.   Collection and Use

1.1.1.     Your use of our services and/or use of and/or access to our Website signifies your consent to us collecting and using your personal information.

1.1.2.     Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

1.1.3.     We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

1.1.4.     We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

1.1.5.     Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

1.1.6.     We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

1.1.7.     We will make readily available to customers information about our policies and practices relating to the management of personal information.

1.1.8.     We collect the following personal information from you:

1.1.8.1.         Unique Identifiers such as user name, account number and password

1.1.8.2.         As is true of most websites, we automatically gather information about your computer such as your IP address, browser type, referring/exit pages, and operating system.

1.2.   Location Services

1.2.1.     Some services on this site make use of location-based data. If you allow these services, we will collect information about the Wi-fi routers closest to you and the cell IDs of the towers closest to you.

1.2.2.     We use this information to provide the requested location-based service, not to identify you. You will be asked for your permission each time a location-based service is requested.

1.3.   Sharing Your Information

We will share your information with third parties only in the ways that are described in this privacy statement. We may disclose your personal information as required by law, such as to comply with a subpoena, or similar legal process. When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

1.4.   Tracking and Ads

We or a third party contracted by us may use technologies such as cookies, web beacons, or scripts to gather information about how you and others interact with our Website. For example, we will know how many users access a specific area or feature within our Website and which links or ads they clicked on. We use this aggregated information to understand and optimize how our Website is used, improve our marketing efforts, and provide content and features that are of interest to you.

1.5.   Security

The security of your personal information is important to us. When you provide sensitive information (such as a credit card number) to us, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

 

If you have any questions about security on our Website, you can contact us at info@eqstrafleet.co.za

 

We will retain your information for as long as your account is active or as needed to provide you with our services. If you wish to cancel your account or request that we no longer use your information to provide you with our services - contact us at info@eqstrafleet.co.za. We will retain and use your information insofar and for as long as is necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

1.6.   Other Information

1.6.1. Correcting and Updating Your Personal Information

To review and update your personal information to ensure it is accurate, contact us at info@eqstrafleet.co.za.

1.6.2. Notification of Privacy Statement Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

 

1.7.   Contact

You can contact us about this privacy statement by emailing us at info@eqstrafleet.co.za or by writing to us at the address below:
Eqstra Fleet Management
12 Corobrik Rd, Meadowdale, Germiston
Johannesburg, South Africa.
Tel Number: 0861 EQSTRA /  +27 11 458 7555

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.