Terms of Service

DTracks Pty Ltd is a company incorporated in South Africa with registration number 2018/388183/07 and having its registered office at 222 Smit Street Braamfontein, Johannesburg, Gauteng, South Africa 2001 (hereinafter known as “DataTracks” which term shall mean and include its administrators, affiliates, subsidiaries, related bodies corporate, assigns and Successors-ininterest). The word “We” or “Us” as used in the Terms and conditions below refers to “DataTracks”.

DataTracks facilitates compliance with financial and other regulations by providing support services and software applications to prepare compliance and other reports. DataTracks maintains and operates the website www.datatracks.co.za where users can set up user accounts, and upload input documents of types specified in the website that are converted into output documents of types specified in the website for review and usage by such users for payment of a fee (hereinafter known as “Services”)

You are a user who has already set up a user account with the objective of using the Services provided by DataTracks (and any reference to You or Your shall mean you or your as the case may be which terms shall include your heirs, executors, administrators, legal representative, successor/ successors-in-office and assigns)

By clicking on the button provided for this purpose, you agree to use the Services provided by DataTracks subject to the terms and conditions governing the provision of this service as below.

1. Scope of Service

The Service shall provide output documents specified by you in the Order from input documents provided by you at the time of placing the order subject to DataTracks receiving the amounts payable for provision of such service in full.

You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with DataTracks, or (b) you are a person barred from receiving the Services under the laws of the Republic of South Africa.

2. Our acceptance of contract

When you place an order in the DataTracks website to avail our Services, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to provide a Service. Our acceptance of this order is complete only when we receive payment in full upfront against the order or within a mutually agreed credit period. We may refuse to provide any Service if we do not have sufficient capacity to provide the same within the turnaround time that you have requested. In case of refusal of services, DataTracks will refund you in full within 30 days.

3. Provision of Services by DataTracks

• DataTracks would use the services of affiliated entities/subsidiaries and related bodies corporate in the course of providing these Services. You acknowledge and agree to DataTracks’ rights to use such affiliates.

• DataTracks is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services which DataTracks provides may change from time to time without prior notice to you.

• As part of this continuing innovation, you acknowledge and agree that DataTracks may stop providing the Services (or any features within the Services) to you or to users generally at DataTracks’s sole discretion, without prior notice to you.

• You may stop using the services at any time. You do not need to specifically inform DataTracks when you stop using the services.

• You acknowledge and agree that if DataTracks disables access to your account, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.

• DataTracks would use all commercially reasonable efforts to provide the output documents before the deadline. However, DataTracks is not responsible for any delay in providing the output documents that arise from: (1) insufficient or inconsistent or erroneous inputs, (2) incorrect determination and payment of fees that arises from errors in provision of information by you, (3) delay in placement of order after publication of prices by DataTracks, (4) delay in uploading of inputs after payment of fees beyond the deadline specified for uploading file (5) unforeseen circumstances including acts of god, war, natural calamities etc.

• DataTracks has the option of changing prices from time to time. The price for each individual order will be based on the prices prevailing when the order was placed , and will not be affected by any subsequent change in prices.

• DataTracks will be collecting a “Capacity Blocking / Reservation fee (not exceeding 10% of the price payable for the Service) from certain categories of users who want to ensure that sufficient capacity is available with DataTracks for providing the Services when the input files are uploaded at a later date. This fee is non-refundable and will be forfeited in case the user does not subsequently require the Services. This fee will be treated as an advance and will be adjusted at the time of the balance payment.

• DataTracks cannot be held liable for unauthorised access to the information provided to us (for example if the firewall around the server is breached or for losing data transmitted to us (for example if the servers crash). The user is also expected to retain a copy of the data provided to us.

4. Electronic communications

When you visit our website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

5. Use of the Services by you

In order to access our services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the service, or as part of your continued use of the services. You agree that any registration information you give to DataTracks will always be accurate, correct and up to date.

You agree to use the services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Republic of South Africa or other relevant countries).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by DataTracks, unless you have been specifically allowed to do so in a separate agreement with DataTracks. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You confirm that you whenever you are performing any task on behalf of your clients (including but not limited to uploading of files), you have the necessary permission of your client in doing so, and you will hold DataTracks harmless for any unauthorised action on your part.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

DataTracks is not responsible for any loss or damage arising directly or indirectly from any error in provision of inputs, any misuse or any breach, willful or otherwise by you. In any case the total liability of DataTracks for any claims of whatsoever nature, consequential or otherwise, arising from DataTracks providing you a Service, shall be limited to the amount actually paid by you for the specific instance where such Service was provided.

DataTracks will hold your data in a user accessible format for 30 days from the date of uploading the deliverables. It is your responsibility to access our website and download the deliverables within this 30 days period. You acknowledge that you will access the website and check for availability of deliverables periodically after the deadline and DataTracks shall not be responsible to remind you of the availability of deliverables in the website beyond the first email.

6. Privacy policy

DataTracks shall take all reasonable steps to protect your personal information. For the purpose of this clause, “personal information” shall be defined as detailed in the Protection of Personal Information Act (POPI), 2013.
Refer our privacy policy: https://www.datatracks.com/za/privacy-policy/
This explains how we at DataTracks collect, process, retain and disclose Personal Data collected from you on our website.

7. Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into DataTracks bank account, the details of which will be provided on request.

8. Card acquiring and security

Card transactions will be acquired for DataTracks via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

9. Your details separate from card details

Your details will be stored by DataTracks separately from card details which are entered by you on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

10. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

11. Your conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not DataTracks, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the website for any of the following:

• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity

• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”

• to cause annoyance, inconvenience or needless anxiety

12. Reviews, comments, communications and other content

Users of this website may send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. DataTracks reserves the right (but not the obligation) to remove or edit any content.

13. Proprietary rights

You acknowledge and agree that DataTracks own all legal rights, titles and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Unless you have agreed otherwise in writing with DataTracks, nothing in the Terms gives you a right to use any of DataTracks’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

Subject to you fulfilling all your obligations as per these Terms of Service, DataTracks takes responsibility for all aspects relating to the transaction including services sold on this website, customer service and support and dispute resolution.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorised to do so in writing by DataTracks, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

14. Termination of Service

The Terms will continue to apply until terminated by either you or DataTracks as set out below.

DataTracks may at any time, terminate its legal agreement with you if:

• You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

• DataTracks is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

• DataTracks is no longer providing the Services to users, or

• The provision of the Services to you by DataTracks is, in DataTracks’s opinion, no longer commercially viable.

   

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and DataTracks have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

You may have the right to cancel the contract with DataTracks within 24 hours from the time you have placed the order.

Refunds can be requested by email: cfo@datatracks.com and stating the reasons why one is sought. Refunds will be at the sole discretion of DataTracks. In situations where we deem that a refund is warranted we reserve the right to deduct such amounts as we view are reasonable to cover the costs of our administration and other incidental costs incurred.

15. Exclusions

DataTracks, its parent, its subsidiaries and affiliates do not represent to you that:

• Your use of the services will meet your requirements,

• Your use of the services will be uninterrupted, timely, secure or free from error,

• Any information obtained by you as a result of your use of the services will be accurate or reliable, and

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

You acknowledge and agree that you are responsible for the accuracy and fitness for purpose of the output provided and DataTracks does not warrant expertise in applicable laws or regulations and in providing the Service, relies upon careful review and evaluation by suitable professionals before the deliverables provided under the Service are used for intended purpose.

DataTracks is not responsible for any loss or damage arising from connecting to the website to your network, systems or other assets. You agree that it shall be your responsibility to safeguard your network, systems and other assets against intrusion, interference, malware, or other unwanted changes.

16. Limitation of liability

You expressly understand and agree that DataTracks, its parent, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

a) Any direct, indirect, incidental, special consequential or exemplary damages,fines or other regulatory penalties which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, or other intangible loss;

b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

• any reliance placed by you on the completeness, accuracy or existence of any advertising

• any changes which DataTracks may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);

• the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;

• your failure to provide DataTracks with accurate account information;

• your failure to keep your password or account details secure and confidential The above shall apply whether or not DataTracks has been advised of or should have been aware of the possibility of any such losses arising.

17. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

18. Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of the Republic of South Africa without regard to its conflict of law’s provisions. You and DataTracks agree to submit to the exclusive jurisdiction of the courts located within South Africa to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that DataTracks shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. DataTracks chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 222 Smit Street Braamfontein, Johannesburg, Gauteng, South Africa 2001.

19. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Terms of Service at any time. You will be subject to the policies and Conditions of Terms of Use & Service in force at the time that you use the website or that you place your order with us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

20. General legal terms

This agreement together with the Terms of Use and the Privacy policy governing all users of our website constitute the entire agreement between you and DataTracks and completely replaces any prior understanding or agreements between you and DataTracks in relation to the Services.

You agree that DataTracks may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

You agree that if DataTracks does not exercise or enforce any legal right or remedy which is contained in the Terms (or which DataTracks has the benefit of under any applicable law), this will not be taken to be a formal waiver of DataTracks’s rights and that those rights or remedies will still be available to DataTracks.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, the remaining provisions of the Terms will continue to be valid and enforceable and would be removed subsequently without affecting the rest of the terms

You acknowledge and agree that each affiliated company of DataTracks shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

21. DataTracks contact details

DTracks (Pty) Ltd
222 Smit Street
Braamfontein, Johannesburg
Gauteng, South Africa 2001
Registration Number: 2018/388183/07

Email : cfo@datatracks.com

Telephone : +27 10 446 9061