Terms and conditions for use of e-uMhlathuze

1. Introduction

  • These conditions will govern the relationship between the Municipality and the registered account holder as rendered by the City of uMhlathuze via the e-uMhlathuze Service.
  • The account holder understands that by submitting their registration to subscribe to the service that they have familiarized themselves with the contents in the Terms and Conditions, and that the account holder intends to be bound by the contents.
  • This Agreement will commence when the City of uMhlathuze accepts the account holders request to subscribe to Service, which acceptance will manifest at that point in time when the City of uMhlathuze sends the account holders an activation confirmation (the "commencement date").

2. Definitions

  • "User" means all persons who access, view, download from, or use the e-uMhlathuze site whether on the Internet or a copy thereof. "Users" includes "Registered Account Holders".
  • "Service" means the electronic statement presentation, enquiry and payment solution as approved by the City of uMhlathuze.
  • "e-uMhlathuze site" means the website through which the City of uMhlathuze provides the Service.
  • "Registered Account Holder" means a registered account holder with the City of uMhlathuze who subscribes to the Service either personally or through an authorized agent.
  • "City of uMhlathuze"means a municipality established in terms of section 12 of Local Government Act, 1998 (Act no: 117 of 1998).
  •   "Registration" means the action whereby the User indicates to the City of uMhlathuze that they want to utilize the service.
  • "submit" or "submission" means the action whereby the Account holder indicates to the City of uMhlathuze that they want utilize service.
  •  "Writing" means documents reduced to writing and shall include e-mails, fax or registered post.

3. Application

  • These Terms and Conditions shall apply to all Users and becomes binding between the City of uMhlathuze and a user immediately upon the user accessing, viewing or using the Service or its contents.

4. Electronic Communications

  • When a user visits the e-uMhlathuze website or sends an e-mail to the City of uMhlathuze, that user consents to receiving communications from the City of uMhlathuze electronically and agrees that all agreements, statements. Bills, notices, disclosures and other communications sent by the City of uMhlathuze satisfies any legal requirements, including but not limited, to the requirement that such communications are considered to be "in writing" with the same legal stature as a written document.

5. City of uMhlathuze Agent

  • Where the User registers on behalf of a Registered Account Holder and uses the service on behalf of such Registered Account Holder, or acts as an agent of such Registered Account Holder, then the User warrants that they have obtained a written mandate from such Registered Account Holder, which mandate will contain at least the following conditions:
    • The User acts as a duly authorised agent on behalf of the Registered Account Holder;
    • The Registered Account Holder and the User are jointly and severally liable towards the City of uMhlathuze for all claims that the City of uMhlathuze might have in terms of this agreement against the Registered Account Holder and/or the User, and;
    • The User has disclosed the contents of this agreement to the Registered Account Holder.
  • Where a User registers, invites or authorises access to another person or third party, then such User warrants that they are jointly and severally liable towards the City of uMhlathuze for all claims that the City of uMhlathuze might have in terms of this agreement against the Registered Account Holder and/or the User for all actions performed by such other person or third-party.

6. User Name and Password

  • On acceptance by the City of uMhlathuze of the Application, the account holder will be supplied with a user name by such means in such format as the City of uMhlathuze may determine from time to time.
  • Unless otherwise specified, the account holder must change the initial password to a unique password of choice when the e-uMhlathuze Service is accessed for the first time.
  • The account holder undertakes to ensure that the user name and password are neither easily accessible nor disclosed to any unauthorized person. Storing the username and/or password on a computer or network will be regarded as prima facie negligence.
  • The account holder undertakes to report any actual or attempted unauthorised access to the City of uMhlathuze, without delay, via the support desk of the City of uMhlathuze and provide the City of uMhlathuze with written confirmation thereof within 24 (twenty-four) hours of such notification. On receipt of notification, the City of uMhlathuze reserves the right to deactivate the user name and/or password without further notice.
  • The City of uMhlathuze may at its sole discretion and for whatever reason, require a User to change their username and/or password from time to time and the User undertakes to unconditionally comply with such a requirement.

7. Payment and Relation to the City of uMhlathuze

  • As part of its service offering, the City of uMhlathuze will co-operate with various banks (the "bank") to enable the Registered Account Holder or User to make payments due to the City of uMhlathuze and to reconcile such payments with the account holder's records.
  • The Registered Account Holder and the User understands that they enter into a direct agreement with the bank and that the City of uMhlathuze is not a party to this agreement.

8. Duties of the City of uMhlathuze

  • The Service will provide access to monthly account statements and inform Account Holder immediately when new account is rendered.
  • The Service will provide facilities to register linked account enquiry submissions and provide an on-line enquiry facility to view such submissions.
  • If the Account Holder elects to make payment to the City of uMhlathuze through one of the payment services, the Service will keep record of all payments, provided that the Account Holder complies with the prescribed procedures for such payments.

9. Disputes

  • The Account Holder will refer any dispute that may arise out of this Agreement to the e-uMhlathuze call centre, who will attempt to resolve the dispute through settlement, negotiation or mediation.
  • If the dispute has not been resolved within 10 (ten) business days after it was referred to the Chief Financial Officer, the Account Holder may institute legal action to pursue its claim.

10. Information and Privacy

  • The City of uMhlathuze understands that the information provided by the User or Registered Account Holder to the City of uMhlathuze (the "information"), includes private and sensitive information. The City of uMhlathuze will, save for the circumstances as set out in this clause 11, not share any such information with any third party without the prior consent of the User or Registered Account Holder.
  • The City of uMhlathuze will only disclose the information to a third party:
    • to perform the Service;
    • if the City of uMhlathuze is required by law or court order to disclose the information; and/or
  • The City of uMhlathuze will store information on its system for a period of 12 (twelve) months after the termination of this agreement, or for a period of 2 (two) years after submission of information if this agreement remains in force for longer than 2 (two), whichever might be the case.
  • Although the City of uMhlathuze will take all reasonable measures to ensure that the information will not be compromised, the User and Registered Account Holder acknowledges that they need to keep copies of the information under their own control in order to mitigate potential damages that might result from a loss or corruption of information.

11. Use of User Information by the City of uMhlathuze

  • The City of uMhlathuze may in the widest sense possible distribute, loan, sell or otherwise share with other persons or entities information constituting or descriptive of demographic information, habits, usage patterns, preferences, survey data or other descriptive or related data which does not permit recipients to individually identify any particular User of the service.
  • The City of uMhlathuze will be entitled in its sole discretion, and without notice, to provide user information and records to the courts, law enforcement agencies, others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or the violation or threatening of rights of any person or entity, and to maintain and use such information and records internally.
  • The City of uMhlathuze may provide online, mobile communication methods, and e-mail communications to the user on matters pertaining to the service, its features, its sponsors, or its use without compensation to the user, but shall do so reasonably and in good faith.
  • The user acknowledges:
    • that communications within the e-uMhlathuze Service may be monitored or reviewed for quality control and other reasonable business and/or legal purposes;
    • The use of User information and the disposal or dissemination thereof shall not constitute invasion of privacy by the City of uMhlathuze.

12. Use of Software

  • Users are required to use and maintain only hardware and software of sufficient minimum quality and performance capabilities as indicated on the City of uMhlathuze home page and to use only the specified makes and versions of Internet browser software. Users acknowledge that their failure to use a specified browser may result in a higher security risk and/or cause or all of the functionality of the website not to operate properly or at all.
  • Software, if any, made available for download on or via the website is governed by the license conditions establishing a legal relationship between the User and the licensor of such software. The user indemnifies the City of uMhlathuze against any breach of such license conditions.
  • The City of uMhlathuze gives no warranty and makes no representation, whether express or implied, as to the quality or compatibility of such software.

13. Unavailability of the City of uMhlathuze Services

  • The City of uMhlathuze shall at all times and for whatever reason, have the sole and exclusive right to suspend or terminate the Service with prior written notification and provide reason for such termination or suspension. However, without prejudice to the foregoing, the City of uMhlathuze will not exercise its rights in terms of this clause without just cause.
  • The user acknowledges and accepts that the City of uMhlathuze service may become unavailable from time-to-time due to various circumstances, including:
    • technical failure or problems with the e-uMhlathuze service ;
    • infrastructure or technical problems with third party information technology systems;
    • unavailability of telecommunication or electricity services;
    • or other circumstances beyond the control of the City of uMhlathuze.
  • Without derogating from the provisions of this clause, the user undertakes to limit their potential debt caused by any unavailability of the Municipal Service by making use of alternative account statement enquiry and payment methods available to consumers.

14. No Warranties or Representations

  • The Terms and Conditions evidences the sole terms and conditions governing the Services.
  • Users acknowledge and agree that any warranties, statements or representations of whatever nature and in whatever form, including promotional materials, granted or made by the City of uMhlathuze, its employees, agents or advisors which are not stated in the Conditions of Use shall not be valid and enforceable and Users shall not hold the City of uMhlathuze liable to any such warranty or representation, whether made prior to, during or after concluding the Conditions of Use.
  • The uMhlathuze site and Service are provided "as is" and the City of uMhlathuze makes no express or implied representations or warranties with regard thereto. Without limiting the generality of the foregoing:-
    • the City of uMhlathuze does not warrant that the website; its contents; the third party content and services; payment or the Municipal Services will be error free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. The City of uMhlathuze expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy; and
    • whilst the City of uMhlathuze has taken reasonable measures to ensure the integrity of the Services, no warranty, whether express or implied is given that any files, downloads or applications available via the website are free of viruses or any other data or code which has the ability to corrupt or affect the operation of a users system.

15. Governing Law and Jurisdiction

  • These conditions are governed by the laws of the Republic of South Africa.
  • The contract shall in all respects be construed in accordance with the laws of the Republic of South Africa, and any difference that may arise between City of uMhlathuze and the Contractor in regard to the contract, shall be settled in the Republic of South Africa.
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