Terms and Conditions

GAUTRAIN WEBSITE - TERMS AND CONDITIONS OF USE

These Terms and Conditions of use address the information collection and handling practices associated with this Website and further sets out the responsibilities and obligations of all persons who make use of, access or view, refer to, rely on or receive Gautrain communications via this Website ("You" or "Your" including cognitive terms).

1. Definitions

In these Terms and Conditions, unless the context requires otherwise, the following words and expressions shall bear the meanings assigned to them and cognate expressions bear corresponding meanings.

"Data Subject" means the person to whom Personal Information relates;

"Personal Information" means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:

1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
2. information relating to the education or the medical, financial, criminal or employment history of the person;
3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
4. the biometric information of the person;
5. the personal opinions, views or preferences of the person;
6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
7. the views or opinions of another individual about the person; and
8. the name of the person if it appears with other Personal Information relating to the person or if the disclosure of the name itself would reveal information about the person.

"POPIA" means the Protection of Personal Information Act 4 of 2013;

"Processing" has the meaning ascribed thereto under POPIA and "Process" shall have a corresponding meaning;

"Terms and Conditions" means the terms and conditions set out below, including any document incorporated by reference, as may be amended from time to time at the discretion of the Bombela Concession Company (RF) (Pty) Ltd; and

"Website" means this website which is accessible at www.gautrain.co.za.

2. Your acceptance of these Terms and Conditions of use

In these Terms and Conditions of use, any reference to Bombela or Bombela Concession Company (RF) (Pty) Ltd shall, mutatis mutandis, be also construed as reference to Bombela's successor in title or to the Gauteng Provincial Government/Gautrain Management Agency, on whose behalf Bombela is, amongst other things, operating and maintaining the Gautrain Rapid Rail Link System.

2.1 This Website is made available by the Bombela Concession Company (RF) (Pty) Ltd, registration number: 2005/031316/07 ("Bombela").

2.2 By using this Website in any way, You shall be deemed to have unconditionally accepted all of the Terms and Conditions. You must not use this Website if You do not agree to any or all of the Terms and Conditions set out herein.

2.3 In addition to these Terms and Conditions, You acknowledge that Bombela may, at any time, amend or impose additional terms and conditions relating to any service, product, content, facilities or functionality which is made available by Bombela, Bombela's shareholders, subcontractors, affiliates, subsidiaries, holding companies, partners, employees, servants or agents, by way of this Website.

3. Information on this Website

3.1 The material contained on this Website is for information purposes only. Bombela cannot guarantee that the information displayed on this Website is accurate and/or complete.

3.2 The information displayed on this Website does not constitute advice or a recommendation of any nature.

3.3 Any views or statements expressed on this Website are not necessarily the views of Bombela, Bombela's shareholders, subcontractors, affiliates, subsidiaries, holding companies, partners, employees, servants or agents.

3.4 Any information on this Website may be changed by Bombela without notice.

3.5 Information on this Website may be accessed, collected and processed by Bombela's subcontractor, Bombela Operating Company (Pty) Ltd.

4. General Disclaimer

4.1 While Bombela attempts to ensure that the contents of this Website are accurate and complete, Bombela makes no representation or warranty, whether, express, tacit or implied, as to the operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.

4.2 Any person who relies on this Website or on the information contained in this Website does so at their own risk.

4.3 Additionally, Bombela makes no warranty or representation, whether express, tacit or implied, that the information or files available on this Website 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 risks 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.

5. Privacy and Personal Information

Bombela undertakes to protect Your Personal Information in accordance with these Terms and Conditions, our internal policies and as required by the law of the Republic of South Africa, in particular POPIA.

5.1 Collection and Processing of Personal Information

5.1.1 When using this Website You may be required to provide Bombela with Your Personal Information for certain services You may wish to use on the Website. You will not be required to post any such Personal Information on the public areas on the Website.

5.1.2 Bombela collects Personal Information directly from Data Subjects as and when required for a defined purpose. Bombela may collect Your Personal Information via the Website in the following manner:

5.1.2.1 When you register or create Your Gautrain account on the Website, You provide Bombela with Personal Information that includes your name, email address, date of birth and contact details;

5.1.2.2 When you register Your Gautrain card using the online registration process on the Website, You provide Bombela with Personal Information that includes your name, surname, e-mail addresses mobile number and date of birth

5.1.2.3 When You make use of the LiveChat platform on the Website and consent to the Processing of Your Personal Information, you provide Bombela with Personal Information that includes your name and email address, where applicable; or

5.1.2.4 When You submit a request via the Website to opt in to receive marketing communications from Bombela via email, You provide Bombela with Your Personal Information that includes your email address and/or mobile number

5.1.3 You may visit the Website without providing the Personal Information described in paragraph 5.1.2 above. The Website servers will, in such instances, collect the IP address of the computer/electronic device which this Website is being viewed from, but not the email address or any other distinguishing information. Where Your Personal Information may be required and You elect not to share such Personal Information with Bombela, it must be noted that such restrictions on Bombela's ability to collect and Process Your Personal Information may result in Bombela not being able to adequately assist and communicate feedback to You regarding Your query.

5.1.4 Bombela uses Personal Information about You for the purpose(s) for which it was collected or provided to us, including:

5.1.4.1 administering, providing services, collecting and responding to enquiries, and processing refunds;

5.1.4.2 collecting information relating to registration of Gautrain cards;

5.1.4.3 details of events and where the Website requests Your Personal Information in the form of contact details for further marketing to be sent directly to Your provided contact details, the purpose of Processing such Personal Information shall be in order to enhance Your access to marketing services, service updates and/or events relating to Bombela, its shareholders, subcontractors, affiliates, subsidiaries, holding companies and/or partners;

5.1.4.4 monitoring and auditing usage of the Website;

5.1.4.5 providing You with route information and/or timetable(s);

5.1.4.6 where necessary, fulfilling any obligations that Bombela may have in terms of contractual obligations for the Gautrain Project; and

5.1.4.7 complying with applicable law and/or responding to requests and communications from law enforcement authorities or other government officials

5.1.5 Bombela will limit the types of Personal Information Bombela processes to only that which consent for Processing is granted by You and/or which is necessary for Bombela providing You with any and/or all Bombela's services. Occasionally Bombela may gain assistance from third parties to provide services and the submission of Your Personal Information will be construed as granting consent to such third parties for the use which it has been submitted for.

5.1.6 By providing Bombela with Personal Information, You warrant that You own or otherwise control and/have authorisation to control all of the rights related to the Personal Information that is provided.

5.1.7 You are advised that Bombela Operating Company (Pty) Ltd or its successor-in-title shall Process and access Personal Information from time to time in order to optimise the services in relation to the operation and maintenance of the Gautrain system. This does not diminish Your rights - Bombela will take all reasonable steps necessary to ensure transferred information is kept secure as required by applicable data privacy laws in the Republic of South Africa.

5.1.8 By submitting Your Personal Information to Bombela You agree that You do not object to any such transfer, Processing or storage of such Personal Information and You acknowledge that Bombela may forward Your Personal Information to its successor in title, cessionary or assignee unless prohibited from doing so by law.

5.1.9 It is Your responsibility to keep the Personal Information, submitted, updated on this Website and to communicate any and all changes to the said Personal Information to Bombela.

5.2 Disclosure of Personal Information

5.2.1 Bombela values and respects the confidentiality and privacy of the Personal Information that Data Subjects entrust it with. Bombela will not share or disclose Personal Information to anyone except as provided in its Promotion and Protection of Personal Information Policy and/or any contracts or terms and conditions of service concluded with us.

5.2.2 Generally, Bombela may share a Data Subject's Personal Information (including, where applicable, special personal information) with the following third parties:

5.2.2.1 The Gautrain Management Agency in its capacity as the statutorily mandated entity responsible for managing the Gautrain project on behalf of the Gauteng Provincial Government;

5.2.2.2 The Bombela Operating Company (Pty) Ltd in its capacity as the entity ultimately responsible for the operation of the Gautrain system;

5.2.2.3 The Company's shareholders;

5.2.2.4 Agents or suppliers of the Company including those who provide it with technology services such as data analytics, hosting or technical support;

5.2.2.5 Professional advisors and auditors; and

5.2.2.6 Regulators, government authorities and law enforcement authorities. 

5.2.3 Bombela does not directly engage in the transfer of Personal Information of Data Subjects outside the Republic of South Africa. However, recipients identified in 5.2.2 above may, due to their own internal processes and requirements, be required to transfer and share Personal Information to shareholders located outside of South Africa.

5.2.4 In addition, this Website contains social media plugins which direct You to the Gautrain Facebook and Twitter page, respectively. When you connect to these sites, the third parties may store and/or access data (including through the use of cookies and other similar technologies) over which we do not have control. If You are logged into one of Your social media accounts while visiting a webpage on this Website that contains a social media plugin, the social media plugin may allow the relevant social media platform to receive information that You visited this Website. We do not control these third-party platforms, and information collected is governed by the privacy statement of the third party that provides the relevant platform. We encourage You to review these platforms' privacy statements for more information.

5.3 Retention and storage of Personal Information

5.3.1 Your Personal Information will normally be retained in a database by Bombela (this may include Bombela's shareholders, subcontractors, affiliates, subsidiaries, holding companies, partners, employees, servants or agents) only for such period as is necessary to fulfil the purposes outlined in these Terms and Conditions, unless a longer retention period is required or allowed by law.

5.3.2 Bombela has taken reasonable precautions to protect Your Personal Information. When You submit Your Personal Information via the Website, such Personal Information is protected on-and-off-line and resides within access controlled and secure infrastructure.

5.4 Security measures and safeguards

5.4.1 Bombela shall take all reasonable endeavours to secure the integrity and confidentiality of Your Personal Information in its possession or under its control by taking appropriate and reasonable technical and organisational measures to prevent:

5.4.1.1 loss of, damage to or unauthorised destruction of Personal Information; and

5.4.1.2 unlawful access to, or Processing of Personal Information.

5.4.2 In order to give effect to the protection of Your Personal Information, Bombela has taken reasonable measures to:

5.4.2.1 identify all reasonably foreseeable internal and external risks to Personal Information in its possession or under its control;

5.4.2.2 establish and maintain appropriate safeguards against the risks identified;

5.4.2.3 regularly verify that the safeguards are effectively implemented; and

5.4.2.4 ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

5.4.3 Thus, where there are reasonable grounds to believe, that the Personal Information of users of this Website have been accessed or acquired by any unauthorised person (security compromise), Bombela will, as soon as reasonably possible, notify the Information Regulator and You, unless Your identity cannot be established. The form and manner of such notice shall be in accordance with POPIA.

5.5 Exercising Your rights

Bombela is committed to providing You with reasonable access to Your Personal Information including the ability to review, amend, rectify, destroy or delete such Personal Information. If You are interested in exercising one or more of the rights described above, You can submit a request by contacting us at POPIA@bombela.com.

6. Cookies

6.1 Cookies are harmless text files that web servers can store on Your computer's or browsing device's hard drive when You visit this Website. This allows the server to recognise You when You revisit the Website without granting the Website access to Your computer or any information about You, other than the information You choose to share with us.

6.2 A cookie asks permission to be placed on Your computer's or browsing device's hard drive. If this permission is granted by You, the file is added and the cookie assists in analysing web traffic or lets Bombela know when You visit the Website. The Website can tailor its operations by gathering and remembering information about Your preferences. Any of the following cookies may be used by the Website:

6.2.1 Transient (or per-session) cookies which only exist for the duration of Your Website visit and are deleted on exit. They recognise You as You move between pages, and generally assist in maintaining security; and/or

6.2.2 Persistent (or permanent) cookies which stay on Your machine until they expire or are deleted. Many are built with automatic deletion dates to help ensure Your hard drive doesn't get overloaded. These cookies often store and re-enter Your login information, so You don't need to remember membership details.

6.3 The Website uses both these types of cookies to identify which pages You are using. This helps improve our Website in order to tailor it to customer needs and this information is only used for statistical analysis purposes.

6.4 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies if You prefer. This may however prevent You from taking full advantage of the Website.

7. Exclusion of liability and indemnity

7.1 Bombela, its shareholders, subcontractors, affiliates, subsidiaries, employees, servants or agents 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 Website or any linked websites, even if Bombela has been advised of the possibility of such loss, expense, claim or damage. You hereby indemnify Bombela, its shareholders, subcontractors, affiliates, subsidiaries, employees, servants or agents 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 Website.

8. References and links to and from this Website

8.1 This Website may, from time to time, contain references or links to other websites ("Other Websites") 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 Websites or the opinions, products, services or conduct of third parties. Your use of Other Websites or the products or services of third parties will be entirely at Your own risk. Our Website may contain links to Other Websites of interest. Once You have used these links to leave our Website, You should note that we do not have any control over that Other Website. Therefore, we cannot be responsible for the protection and privacy of any information which You provide whilst visiting such Other Websites and such Other Websites are not governed by this privacy statement.

8.2 Bombela, its shareholders, affiliates, subcontractors, subsidiaries, employees, servants or agents 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 Websites or the opinions, products or services of third parties.

8.3 You may not make (or allow any third party to make) any reference to Bombela, this Website or content on this Website, whether by link or otherwise, without the prior written consent of Bombela.

9. Intellectual property

The contents of this Website 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 Bombela and/or third parties. Any unauthorised use of the contents, information or materials on this Website is prohibited.

10. Your behaviour when using this Website

10.1 You may not use this Website to obtain or distribute:

10.1.1 copyrighted material or material protected by law without Bombela's prior written consent;

10.1.2 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; or

10.1.3 Obtain Personal Information of other Website users and or for any use that is in contravention of these Terms and Conditions.

10.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of this Website.

10.3 You are strictly prohibited from using this Website 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.

10.4 You shall not intercept any information transmitted to or from Bombela, or this Website, which is not intended to be received by You.

11. Variation of certain deeming provisions in the Electronic Communications and Transactions Act 25 of 2002 (the "ECT Act")

11.1 By using this Website, You agree that these Terms and Conditions create a binding agreement between You and Bombela, even though these Terms and Conditions are wholly or partly in the form of a data message. You agree specifically that:

11.1.1 the agreement will be treated as if it was concluded at Bombela's physical address on the date on which You first made any use of this Website;

11.1.2 an electronic signature is not required by You or Bombela for purposes of agreeing to these Terms and Conditions;

11.1.3 Your use of this Website or the Website content is sufficient evidence of Your agreement to these Terms and Conditions;

11.1.4 any data message sent by either You or Bombela to the other will be deemed to have been sent from Bombela's physical address if neither Your usual place of business nor residence is located within the Republic of South Africa;

11.1.5 any communication sent to You by an information system programmed to operate automatically on Bombela's behalf will be a data message attributable to, or authorised by Bombela;

11.1.6 subject to the further provisions of these Terms and Conditions, a data message sent by You to Bombela will only be treated as having been received by Bombela when an acknowledgement of receipt is sent by Bombela personally or a person who has authority to act on Bombela's behalf in respect of that data message; and

11.1.7 this agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and You agree to the exclusive jurisdiction of the South Gauteng High Court of the Republic of South Africa or its successor in title.

12. Variation of these Terms and Conditions

12.1 Subject to the variations or amendments provided for in terms of paragraph 12.2, no other variation or amendment, in any form whatsoever, of these Terms and Conditions will be enforceable or binding on Bombela unless Bombela has agreed to such variation or amendment in writing. For this purpose, "writing" shall be writing on paper signed in ink by Bombela's authorised representative and specifically excludes any writing that may be in electronic format.

12.2 Bombela is entitled and reserves the right to vary or amend these Terms and Conditions from time to time and in its sole discretion. Any amendments to these Terms and Conditions will be available on the Website from time to time without notification to You. Any amendments will become effective when a revised version of these Terms and Conditions are posted on this Website. Your use of this Website is subject to the terms in the version that is posted on the Website at the time of Your visit.

12.3 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 Website.

13. Miscellaneous matters

13.1 Addresses:

13.1.1 Bombela's registered address for the service of any legal notice is:

Bombela Concession Company (RF) (Pty) Ltd

The Ingress Building 2

1^st Floor

23 Magwa Crescent

Waterfall City

MIDRAND

13.1.2 Notices given to the above addresses shall be deemed to have been duly given:

13.1.2.1 Fourteen (14) days after posting, if posted by registered post to the party's given address; and

13.1.2.2 on delivery, if delivered by hand to the party's physical address.

13.1.3 If you have any comments or questions regarding these Terms and Conditions or our Personal Information handling practices, or wish to contact our Information Officer, please contact us at POPIA@bombela.com.

13.2 Disputes, claims and legal proceedings:

13.2.1 Any dispute declared by You and any claim which You may have against Bombela arising out of or in connection with these Terms and Conditions or the use of the Website or the Website 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 Africa.

13.2.2 If Bombela 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 Website or of the Website content, Bombela 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 Website Terms and Conditions.

13.2.3 Notwithstanding anything to the contrary contained in these Terms and Conditions, neither You nor Bombela 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.

13.3 Costs

Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by Bombela arising out of Your use of this Website or the Website content, or a breach of these Terms and Conditions, will be borne by You.

13.4 Assignment:

13.4.1 You shall not cede, assign or transfer any of Your rights and obligations in these Terms and Conditions without Bombela's prior written consent.

13.4.2 Bombela 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.

13.5 Severability

Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.

13.6 Entire terms

These Terms and Conditions constitute the whole agreement between you and Bombela relating to your access to and use of the Website.

13.7 Interpretation

13.7.1 It is Your responsibility to ensure that the copy downloaded is the most recent version of any legislation referred to here or which is applicable by law.

13.7.2 In the 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 enforceable.

13.7.3 No relaxation or indulgence which Bombela may grant to You will be deemed to be a waiver of any of its rights in these Terms and Conditions or in law.

13.7.4 The termination of the agreement created by these Terms and Conditions will be without prejudice to any other rights or remedies that You or Bombela may be entitled to under this agreement or at law, and will not affect any of Bombela'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.