PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE APP.

General Terms and Conditions of Use

These General Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and the JRA concerning your access to and use of the App.

1. DEFINITIONS

1.1. In these terms and conditions of use, the terms below have the following meanings:

1.1.1. "App" means the JRA mobile application.

1.1.2. "JRA" means Johannesburg Road Agency SOC Ltd.

1.1.3. "Processing of Information" means the automated or manual activity of collecting, recording, organising, storing, updating, distributing and removing or deleting personal information.

1.1.4. "you" and "your" means the user of the app.

2. CONDITIONS OF ACCESS AND USE

2.1. Your access to, and use of, the App is subject always to these terms and conditions of use.

2.2 The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2.3 When you use the App obtained from either the Apple Store or Google Play, the license granted to you for the App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable Apple or Google's terms of service.

3. YOUR ACCEPTANCE AND CONSENT

3.1. By using the App, You agree that you have read, understood, and agree to be bound by all of these terms and conditions of use. You expressly agree to the terms and conditions of these terms and conditions of use. If you do not agree to all of the terms and conditions, then you are expressly prohibited from using the App and you must discontinue use immediately.

3.2. When you install the App, you may be required to accept the terms and conditions or the end user licence agreement (collectively, the "EULA") of a third party supplier or vendor. While the EULA is independent from these terms and conditions and establishes a separate legal relationship which you are bound by, you agree that the EULA will apply to your use of the App.

3.3. You agree that these terms and conditions of use apply to any information accessed via the App.

4. CHANGES TO THESE TERMS AND CONDITIONS OF USE

4.1. The JRA may change these terms and conditions of use at any time. It is your responsibility to regularly review these terms and conditions of use to stay informed of updates.

4.2. The most updated version of these terms and conditions of use will apply each time that you access and use the App.

5. YOUR ACCOUNT

5.1. If you use the App, it is your responsibility as the user to protect your login name and password and not disclose them to third parties. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your username and password. You are only permitted to use one account. If you use more than one account, the JRA may revoke all access.

5.2. You agree that the following actions shall be material breaches of these terms and conditions:

5.2.1. signing in as, or pretending to be, another person;

5.2.2. transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others.

5.2.3. using interactive services in a way that is intended to harm, or could result in harm, to you or to other users of the App; or

5.2.4. gathering information about others without obtaining their prior written consent.

5.3. You also agree that any use of your access details shall be regarded as if you were the person using such information.

6. FULL DISCLOSURE OF ALL RELEVANT FACTS AND BENEFIT ENTITLEMENT

6.1 By using the App, you represent and warrant that:

6.1.1 that all information provided by you at any time to the JRA, will be true, accurate, current and correct and you undertake to update the information as and when required.

6.1.2 you have the legal capacity and you agree to comply with these terms and conditions of use;

6.1.3 you will not App will not violate any applicable law or regulation.

6.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

7. ELECTRONIC COMMUNICATION AND RECORDS

7.1. If you are a registered user of the App, you may receive communications from the JRA electronically, including but not limited to push messages.

7.2. The JRA take all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, the JRA cannot guarantee the security or integrity of any information you transmit to the JRA online and you agree that you do this at your own risk.

8. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

8.1. All content made available on the App (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) is protected by South African and international copyright law.

8.2. No portion of the App may be copied or transmitted via any means available now or in the future.

8.3. Any unauthorised use, alteration or dissemination of the information or content on the App is prohibited.

8.4. Any person who delivers or attempts to deliver any damaging code to this App shall be prosecuted and civil action taken against them.

8.5. Unless otherwise indicated, the App is the JRA's proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the App (collectively, the "content") and the trademarks, service marks, and logos contained therein (the "marks") are owned or controlled by the JRA or licensed to the JRA, and are protected by copyright and trademark laws and various other intellectual property rights laws of the South Africa, foreign jurisdictions, and international conventions. No part of the App and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the JRA's prior written permission.

8.6. Nothing on the App should be regarded as granting any licence or right to use any trademark without the JRA's prior written permission.

8.7. You agree that if you breach the terms of this clause 8, the JRA will have the right to claim damages from you, which will include the right to claim special, incidental, consequential or indirect damages. The JRA 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.

9. DISCLAIMER

9.1. The JRA does not guarantee the operation of the App or the information, content, tools or materials on the App. You agree that you use the App at your own risk.

9.2. The JRA does not guarantee that the App or that any electronic communications sent by it are free from viruses or other harmful components. The JRA will not be liable for any damages of any kind arising from your use of the App or from any information, content, tools or materials included on or otherwise made available to you through the App, including for direct, incidental, punitive and/or consequential damages.

9.3. The JRA is fully committed to providing you with the best possible service. However, the JRA is not responsible for any direct or indirect loss or damages that may arise from:

9.3.1. any of the events described in this paragraph or the paragraphs above;

9.3.2. your actions or omissions that result in a breach of these terms and conditions of use;

9.3.3. any links to other websites from the App. You also acknowledge that the JRA cannot control the content of or the products offered on those websites;

9.3.4. a denial of access to the App should the JRA believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the App or put the JRA in disrepute; or

9.3.5. your reliance on any of the information, content, tools or materials that you obtain from the App.

10. INDEMNITY

10.1. You agree to fully indemnify and hold harmless the JRA and its representatives against any claim, loss or damages which you may incur or suffer as a result of your use of the App.

11. PHISHING AND SPOOFING

11.1. If you receive an unsolicited e-mail that appears to be from the JRA and that requests you to provide personal information (such as your credit card number, username, or password), or that asks you to verify or confirm your information by clicking on a link, it is most likely that the e-mail was sent by a "phisher" or "spoofer."

11.2. The JRA will never ask for this type of information in an e-mail, and the JRA strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to "phishing" places you and your personal information at risk. The JRA cannot be responsible for any consequences resulting from your response to any email sent by a "phisher" or a "spoofer".

12. THIRD PARTY WEBSITES AND CONTENTS

12.1. The App may contain certain images and links to other third party websites and applications with information, content or material produced by other parties. These linked third party websites are not under our control and the JRA is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.

12.2 Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by the JRA. If you decide to leave the App and access the Third-Party Websites or to use or install any Third-Party content, you do so at your own risk, and you should be aware these terms and conditions of use no longer govern.

12.3. Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.

12.4. From time to time the JRA may employ the services of third parties to assist with the hosting and management of certain services and aspects of the App. The JRA apply every effort to ensure that our sub-contractors comply with the Privacy Policy and widely accepted security standards and they will be accountable for any non-compliance.

13. APPLICABLE LAW

13.1. By accessing and using the App, you agree that the laws of the Republic of South Africa will govern these terms and conditions of use, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from these terms and conditions of use.

14. GENERAL PROVISIONS

14.1. If any provision of these terms and conditions of use is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of these terms and conditions of use.

14.3. No failure or delay by the JRA to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of these terms and conditions of use.

14.4. All communications and notices of any kind may be sent to contact details on website https://jra.org.za/contact-us/

PRIVACY POLICY

We care about data privacy and by using the App, you agree to be bound by our Privacy Policy, which is incorporated as an Annexure A, and should be read and understood in conjunction with, the general terms and conditions of the use set out in the section above.

1. THE GENERAL PRINCIPLES OF THE PRIVACY POLICY

1.1. The purpose of this privacy statement is to set out how the JRA collect, use, share and otherwise process your personal information when you use the App.

1.2. When you engage with the JRA, you trust the JRA with your personal information.

1.3. You have the right to object to the processing of your personal information. It is voluntary to accept these terms and conditions of use. However, the JRA require your acceptance to enable you to use this App.

2. HOW THE JRA COLLECT YOUR PERSONAL INFORMATION

2.1. Whenever you use the App, contact the JRA electronically or use the services tools or utilities offered by the JRA on the App, the JRA will collect your personal information.

2.2. If you share your personal information with any third parties, the JRA will not be responsible for any loss suffered by you, your dependents or spouse as a result of those third parties' use of your personal information.

2.4. If you are giving consent for a person under 18 (a minor) you confirm that you have authority to give their consent on their behalf.

3. COLLECT, SHARE AND USE PERSONAL INFORMATION

3.1. You agree that the JRA may process your personal information for all purposes that relate to the App and the products, services, facilities, tools or utilities offered on the App.

3.2. You also confirm that the JRA may share and combine all your personal information for any one or more of the following purposes:

3.2.1 market, statistical and academic research; and

3.2.2 to customise our benefits and services to meet your needs

3.3. Your privacy is important to the JRA and the JRA will therefore not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent.

3.4. You agree that the JRA may transfer your personal information outside South Africa: if you give the JRA an email address that is hosted outside South Africa; or to administer certain services, for example, cloud services. The JRA will ensure that any country, company or person that the JRA pass your personal information to agrees to treat your information with the same level of protection as the JRA is obliged to.

3.5. You agree that the JRA may communicate with you electronically about any changes to your request for a pothole repair.

3.6. The JRA may process your information using automated means (without human intervention in the decision making process) to make a decision about your pothole repair request.

4. LOCATION DATA

4.1. If you subscribe to or avail yourself of services on the App that require your real-time location, you consent to the JRA determining your real-time location when the JRA provide those services to you. To determine your location, the JRA will collect the latitude and longitude of your device/s as well as information relating to your using on or more of the following:

4.1.1 GPS:

4.1.2 IP address;

4.1.3 Sensor data from your devices; and

4.1.4 Cell phone towers and Bluetooth-enabled devices near your device.

4.2. If you would no longer like the JRA to collect location data, you may adjust your device settings. This may prevent the JRA from being able to provide services to you.

5. PROTECTION OF YOUR PERSONAL INFORMATION

5.1. The JRA values the information that you choose to provide and will take appropriate, reasonable technical and organisational steps to protect your personal information from loss, misuse or unauthorised alteration. The information the JRA has concerning users is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.

6. PERSONAL INFORMATION HELD BY OR DISCLOSED BY YOU OR THE JRA TO A THIRD PARTY

6.1. Because the JRA is not responsible for any representations or information or warranties or content on any third party website (including third party websites linked to this App, websites facilitated by the JRA or websites that serve as social networks like Facebook or Twitter), the JRA does not exercise control over the privacy policies of these third parties and you should refer to the privacy policy of these third parties to see how they protect your privacy.

6.2. The JRA may enter into arrangements with its partners and other third party suppliers in order for them to provide services to you in relation to the App. Those arrangements may require the JRA to disclose your personal information to them, whether in person or by means of an application or the JRA App.

6.2.1. If a third party asks the JRA for any of your personal information, the JRA will share it with them only if:

(a) you have already given your consent for the disclosure of this information to that third party; or

(b) the JRA have a legal or contractual duty to give the information to that third party.

6.3. You agree that your personal information may be shared with third parties such as academics and researchers and all data will be made anonymous to the extent possible and where appropriate. No personal information will be made available to a third party unless that third party has agreed to abide by strict confidentiality protocols that the JRA requires. If the JRA publishes the results of this research, you will not be identified by name. If the JRA wants to share your personal information for any other reason, the JRA will do so only with your permission.

6.4. If the JRA becomes involved in a proposed or actual merger, acquisition or any form of sale of any assets, the JRA have the right to share your personal information with the third parties in connection with the transaction. In the case of a merger, acquisition or sale, the new entity will have access to your personal information. The terms of the Privacy Policy will continue to apply.

7. COOKIES, E-MAIL TRACKING PIXELS AND ONLINE ADVERTISING

7.1. The JRA uses cookies. The JRA use the word "cookie" to refer to information that is sent from the App to your device hard drive, where it is saved. In this way, the next time you use the App, the JRA will know who you are and that you have visited the App before. The JRA also collect information about how you use the App, your preferences and past browsing history.

7.2. The JRA engages third parties that help the JRA deliver banner advertisements and other online communications. Those third parties may collect and use information about the JRA customers to help the JRA understand the offers, promotions, and types of advertising that are most appealing to our customers. The personal information they collect is aggregated and cannot be linked to a person.

7.3. Third party vendors such as Google Marketing Platform show the JRA ads on sites on the internet.

7.4. Users may opt out of Google Marketing Platform's use of cookies by visiting the Network Advertising Initiative opt out page.

8. CORRECTION OF PERSONAL INFORMATION

8.1. You have an obligation to notify the JRA if any of your personal information held by the JRA has changed or is no longer valid. To ensure the JRA records are up to date, you can e-mail the JRA or you can phone the JRA contact centre using contact details on website https://jra.org.za/contact-us/.

8.2. You have the right to know what personal information the JRA hold about you. If you wish to receive a copy, please complete a form called an 'Access Request Form' on https://jra.org.za/popia/ and specify the information you would like. The JRA will take all reasonable steps to confirm your identity before providing details of your personal information. Please note that the JRA is entitled to charge a legally allowable fee for this service and will let you know what it is at the time of your request.

8.3. You have the right to ask the JRA to update, correct or delete your personal information. Where the JRA cannot delete your personal information, the JRA will take all steps to make it anonymous. You agree that the JRA may keep your personal information until you ask the JRA to delete or destroy it. This is unless the law requires the JRA to keep it or dispose thereof.

9. CHANGES

9.1. The JRA may amend this privacy policy at any time. The JRA will give you notice of any material changes within a reasonable time, however, the JRA recommend that you familiarise yourself with this privacy policy regularly.

9.2. The most updated version of this privacy policy will govern the respective rights and obligations between you and the JRA each time that you access and use the App.

10. LAWS APPLICABLE TO THIS PRIVACY POLICY

10.1. This privacy policy is governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this privacy policy.

11. USE OF PERSONAL INFORMATION CONTRARY TO THE PRIVACY POLICY

11.1 If you believe that the JRA have used your personal information contrary to this Privacy Policy, you must first attempt to resolve any concerns with the JRA. If you are not satisfied after this process, you have the right to lodge a complaint with the Information Regulator, under the Protection of Personal Information Act.