Terms and Conditions


 

Terms and conditions of use of the GoMetro website

  1. The membership is not transferable to any other person/s under any circumstances.
  2. Registration for individual members is free, but registration of a business will incur a membership fee.
  3. It is the business member's responsibility to add credit onto their account once the account balance reaches zero. Please visit our Billing section to see how this transaction can be completed.
  4. In the event of one or more of these terms, conditions, rules and regulations being unenforceable they will be regarded as removed - the remaining clauses are still deemed valid.
  5. Refunds of incorrect debit orders or related fees will only be processed for a maximum period of 3 months. Please contact the finance department of the related company should you have any queries about your payments.
  6. GoMetro is authorised to store the member's personal information.
  7. GoMetro reserves the right to send the member operational messaging by whatever channel is deemed appropriate. Operational messaging relates specifically to feature/functionality of your membership.
  8. Where the member has agreed, GoMetro reserves the right to contact the member with marketing related offers from time to time. The member may elect to unsubscribe from these communications at any point.
  9. I and/or my estate hereby indemnify The Company against any claim by myself or any person arising directly or indirectly from my death, injury, loss, or damage suffered by me or any person as a result of my use of the facilities or services, whether it be allegedly caused or contributed to by an act or omission by The Company, its directors, employees, contractors, consultants and agents.
  10. I hereby consent that the Company may carry out a credit enquiry and may provide details to a Credit Bureau of how I have performed in meeting my obligations in terms of this agreement, and in the event that I fail to meet my obligations, may record my non-performance with the applicable Credit Bureau. I agree to be bound by the terms and conditions of this agreement
  11. Acceptance of terms and conditions - GoMetro provides the information contained on this website and any pages comprising the website ("website") to you subject to the terms and conditions of use set out herein ("terms and conditions"). By accessing, using and/or downloading any information from the website, you are deemed to have accepted and agreed to the terms and conditions. If you do not accept and agree to the terms and conditions, do not access, use or download any information from the website.
  12. Modification of terms and conditions - GoMetro may at any time modify the terms and conditions without notice to you and your continued access or use of the website will be subject to the terms and conditions in force at the time of such access or use. Accordingly, you should review the terms and conditions periodically as your continued access or use of the website shall be deemed to be your acceptance of the amended terms and conditions.
  13. Content of the Website - Whilst every effort is made to update the information contained on this website on a regular basis, GoMetro makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinions, data and/or content contained on the website and shall not be bound in any manner by any information contained on the website. GoMetro reserves the right at any time to change the content or discontinue without notice, any aspect or feature of the website. No opinions, research information, data or content contained on the website (and whether posted by GoMetro or a third party) should be construed as advice and some are offered for information purposes only.
  14. Links to Other Web Sites - External links may be provided for your convenience, but they are beyond the control of GoMetro and no representation is made as to their content. Use of or reliance on any external links is at your own risk. No hypertext links may be created from any website controlled by you (whether directly or indirectly) to the website without the express prior written permission of GoMetro.
  15. Copyright and Intellectual Property Rights - Copyright and all intellectual property rights in and to all materials, texts, drawings and data made available on the website (collectively "materials") are owned by GoMetro, alternatively, GoMetro is the lawful user thereof. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively "trademarks") displayed on the website are the registered and unregistered trademarks of GoMetro. Nothing contained on the website should be construed as granting any licence or right to use any trademark without the prior written permission of GoMetro.
  16. Public Forums and User Submissions - GoMetro is not responsible for any material submitted to the public areas by you (which include Articles, Discussions, Classifieds, Groups or any other public area found on the website). Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by GoMetro. GoMetro reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion, that there is a possibility that you may:
    1. defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
    2. publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
    3. upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of GoMetro and/or a third party's computer system and/or network;
    4. violate any copyright, trademark, other applicable laws or intellectual property rights of GoMetro or any other third party;
    5. submit contents containing marketing or promotional material which is intended to solicit business. You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or which violates any applicable laws and you hereby indemnify GoMetro against any loss, liability, damage or expense of whatever nature which GoMetro or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website.
  17. Warranties and Disclaimers - GoMetro makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website. GoMetro shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct , indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and/or use of the website and any information contained on the website and you waive any and all claims which you may have against GoMetro in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or your dependants as a result of or which may be attributable directly or indirectly to the aforesaid. These limitations of liability shall apply regardless of the form of action, whether in contract, delict, strict liability or otherwise, and regardless of whether either party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, GoMetro shall not be liable for any indirect, contingent or consequential loss (including but not limited to loss of business or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance on the website or any information offered on or via the website.
  18. General
    1. These terms and conditions constitute the sole record of the agreement between you and GoMetro in relation to the subject matter hereof. Neither you nor GoMetro shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and GoMetro in respect of the subject matter hereof. No addition to, variation or agreed cancellation of any provision of these terms of use shall be binding upon GoMetro unless agreed to by GoMetro. No indulgence or extension of time which GoMetro may grant to you will constitute a waiver of or, limit any of the existing or future rights of GoMetro in terms hereof, save in the event or to the extent that GoMetro has signed a written document expressly waiving or limiting such rights.
    2. GoMetro shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions to any third party without notice to you.
    3. All provisions of these terms and conditions are, notwithstanding the manner in which they have been linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever shall, in such jurisdiction only and only to the extent that it is so unenforceable, be disregarded and the remaining provisions of these terms and conditions shall remain of full force and effect.
    4. These terms and conditions shall be governed by and construed in accordance with the laws of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the South African courts in respect of any disputes arising in connection with these terms and conditions or any matter related to or in connection therewith.
  19. GoMetroApp.com is not affiliated to any transport mode or company, but is used by some transport modes or companies to improve their communication efforts to commuters. These modes are Metrorail Western Cape, Metrorail Gauteng, Metrorail KwaZulu-Natal and Metrorail Eastern Cape. No other transport modes are using GoMetroApp.com in order to make updates or receive feedback via this channel.
  20. GoMetroApp.com does not purport to represent any transport mode or company that is mentioned in the site, or to be the definitive information point for any transport data in the app. It is merely another information point to be used in planning your daily transport.
  21. GoMetroApp.com tries to ensure that copyright and trademark laws are not infringed upon, and welcomes the outreach of parties who feel their copyright or trademarks are infringed upon. Please email admin@gometro.co.za if you see any infringement on intellectual property on the site.
  22. Please note that feedback posted on the site related to transport issues will be passed on to the relevant transport mode contact person, but neither GoMetroApp.com nor the transport modes can guarantee that your feedback will be responded to timeously. For best resolution of complaints, please make use of the official complaints channels.
  23. GoMetro does not store Employers' email addresses when the Email-Your-Boss feature is implemented beyond the individual use of the email address to initiate the send.
  24. GoMetro cannot be held liable for the abuse or misrepresentation of late-coming by employees using the "Email-Your-Boss" service. Each Employee accepts the liability and responsibility for accurate and honest representations of their trip progress. GoMetro agrees to share line updates with Employers on the initial request of the Employee, but is not liable for any action to be taken by the Employer against the Employee or the Employee against the Employer.
  25. The Email-Your-Boss feature is an opt-in by the Employee, and the Employee agrees to accept all responsibility for the use of this service/feature. GoMetro cannot guarantee the accuracy or the relevance of line updates from Control Centres.
  26. Privacy policy
    1. GoMetro provides users with suggestion links and advertisements. GoMetro makes use of a third party add delivery system to implement adds on the GoMetro mobile site.
    2. When a user shows interest in a particular add and "clicks through" to the marketer's site, the user's non-personally-identifiable information about visiting this and other websites may be used to provide advertisements about services and goods of interest to the User.
    3. The User can choose to not take part in sharing their information at any time.
These terms and conditions were last updated on 21 April, 2015.
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